dangerous drugs - the ministry of legal affairs

DANGEROUS DRUGS ACTCHAPTER 11:25

Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–2 .. 3–10 .. 11–12 .. 13–16 .. 17–46 .. 47–94 ..

Act38 of 1991

Amended by27 of 1994

173/199544 of 2000

*55 of 200011 of 2014

*See Note on page 2

LAWS OF TRINIDAD AND TOBAGO

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UPDATED TO DECEMBER 31ST 2015

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Index of Subsidiary LegislationPage

Dangerous Drugs (Appointment of Inspectors) Order (LN 143/2001) … 47

Note on section 60 of ActSection 60 of the Act provides as follows:

“60. (1) The following written laws are repealed: (a) the Narcotic Control Ordinance; and (b) the Narcotic Drugs and Psychotropic Substances Control Act, 1985. (2) Notwithstanding the repeal of the Ordinance and the Act referred to in subsection (1)

anything done or any action taken under the Ordinance or the Act, shall be deemed to havebeen done or taken under the corresponding provisions of this Act.”.

N.B. Subsidiary Legislation saved in respect of the above repealed statutes: 1. Dangerous Drugs Ordinance (Ch. 12. No. 6) (1950 Revised Edition)—

(Repealed by Ord. No. 27 of 1961)— (a) Raw Opium and Ganja Regulations (1950 Rev. Ed.) Vol. 8 at page 521; (b) Dangerous Drugs Regulations (1950 Rev. Ed.) Vol 8 at page 515; (c) Power of Inspection Order 1963 (LN 104/1963). 2. Narcotic Control Ordinance 1961 (Ord. No. 27 of 1961)—

(Repealed by Act No. 38 of 1991)— (a) Narcotic Control (Distribution and Licensing) Regulations 1964 (LN 129

of 1964); (b) Narcotic Control (General Provisions) Regulations 1964 (LN 131 of 1964).

Note on Act No. 55 of 2000Section 61 of the Proceeds of Crime Act 2000 (Act No. 55 of 2000) provides as follows: “61. Sections 30 to 53 of the Dangerous Drugs Act are repealed, save that any proceedingsin respect of a drug trafficking offence which had commenced before the proclamation of thisAct shall proceed as if sections 30 to 53 of the Dangerous Drugs Act continue to have effect.’’.

Act No. 55 of 2000 was proclaimed on the 6th November 2000 by LN 269/2000.Accordingly, any proceedings in respect of a drug trafficking offence which hadcommenced before the 6th November 2000 will continue to have effect as if sections 30 to53 of the Dangerous Drugs Act were not repealed.N.B.—See APPENDIX at the end of this Act for the repealed sections 30 to 53 of the

Dangerous Drugs Act.

2 Chap. 11:25 Dangerous Drugs


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Dangerous Drugs Chap. 11:25 3


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CHAPTER 11:25

DANGEROUS DRUGS ACTARRANGEMENT OF SECTIONS

SECTION

PART IPRELIMINARY

1. Short title. 2. Act inconsistent with Constitution. 3. Interpretation.

PART IIPOSSESSION OF AND TRAFFICKING

IN DANGEROUS DRUGS 4. Minister may issue licences. 5. Possession of and trafficking in dangerous drugs. 6. Court may order admission to psychiatric hospital.

PART IIAOFFENCES RELATING TO PRECURSOR CHEMICALS

6A. Offence. 6B. Order. 6C. Regulations. 6D. Interpretation.

PART IIISUPPLY OF DANGEROUS DRUGS

BY PHARMACISTS UNDER LICENCE ANDAPPOINTMENT OF INSPECTORS AND ANALYSTS

7. Licensed person not to supply dangerous drugs. 8. Pharmacist not to supply dangerous drugs. 9. Delivery of dangerous drugs to Minister. 10. Contravention of section 7, 8 or 9—offence and penalty.

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11. Unlawful for physician to prescribe, give or sell drug except formedicinal purposes.

12. Inspectors. 13. Neglect or refusal to keep records. 14. Supply of dangerous drugs by two or more medical practitioners. 15. Possession of certain devices and apparatus. 16. Unlawful use of premises. 17. Enclosing drugs in a letter, etc. 18. Liability for imprisonment for non-payment of fine. 19. Onus of proof on charge of offence under section 5. 20. Burden of proof on pleas of medicinal purposes or medical

treatment. 21. Occupier, etc., deemed to be in possession when dangerous drugs

found on premises. 22. Certificate of analyst and evidence and facts stated in certificate. 23. Search and seizure. 24. Forfeiture of seized items.

PART IV

SUMMARY CONVICTIONS 25. Punishment of person summarily convicted of indictable offence. 26. Penalty for conspiracy. 27. Accessories, etc., liable to same penalty as principal offender. 28. Committal to the High Court for sentence. 29. Offence by body corporate.

PART IVA

BURDEN OF PROOF AND PRESUMPTIONS 29A. Burden of Proof. 29B. Presumptions.

ARRANGEMENT OF SECTIONS—Continued

SECTION



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SECTION

PART V

CONFISCATION OF PROCEEDS OFDRUG TRAFFICKING

30–35D—(Repealed by Act No. 55 of 2000).

PART VI

RESTRAINT ORDERS36–47—(Repealed by Act No. 55 of 2000).

PART VII

INVESTIGATIONS INTO DRUG TRAFFICKING48–52—(Repealed by Act No. 55 of 2000).

PART VIII

FORFEITURE ORDERS53—(Repealed by Act No. 55 of 2000).

PART VIIIA

OFFENCES ON THE HIGH SEAS 53A. Offences on Trinidad and Tobago ships. 53B. Ships used for illicit trading. 53C. Enforcement powers. 53D. Jurisdiction and prosecution. 53E. Offences and Penalties.

PART IX

MISCELLANEOUS 54. Protection of informants. 54A. Destruction of drug exhibits. 55. Notice or order not to be invalid for error in description. 56. Power of police officer under other written laws. 56A. Lesser penalty for younger offender.

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ARRANGEMENT OF SECTIONS—Continued

SECTION

57. Regulations. 58. Penalties under Regulations. 59. Additions to First and Second Schedules. 59A. Annual report. 59B. Joint Parliamentary Committee. 60. Repeal and savings Ordinance. 61. Section 68 of the Interpretation Act, Ch. 3:01 not applicable.

FIRST SCHEDULE.SECOND SCHEDULE.THIRD SCHEDULE—(Omitted)FOURTH SCHEDULE.FIFTH SCHEDULE.

APPENDIX—(Containing sections 30 to 53 of the Act which wereRepealed by Act No. 55 of 2000 and Orders madeunder these sections).



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38 of 1991.

Commencement.

Preamble.

Short title.

Act inconsistentwithConstitution.

Interpretation.[44 of 2000].

CHAPTER 11:25

DANGEROUS DRUGS ACTAn Act to provide for the control of narcotic drugs and

psychotropic substances and to make provision for theconfiscation of the proceeds of drug trafficking andother provisions in connection with drug trafficking andmatters connected therewith.

[7TH NOVEMBER 1991]WHEREAS it is enacted by section 13(1) of the Constitution thatan Act of Parliament to which that section applies may expresslydeclare that it shall have effect even though inconsistent withsections 4 and 5 of the Constitution, and if any Act does sodeclare it shall have effect accordingly:

And whereas it is provided in subsection (2) of the saidsection 13, that an Act of Parliament to which that sectionapplies is one the Bill for which has been passed by both Housesof Parliament and at the final vote thereon in each House hasbeen supported by the votes of not less than three-fifths of all themembers of that House:

And whereas it is necessary and expedient that this Actshall have effect even though inconsistent with sections 4 and 5of the Constitution:

PART I

PRELIMINARY 1. This Act may be cited as the Dangerous Drugs Act. 2. This Act has effect even though inconsistent withsections 4 and 5 of the Constitution. 3. (1) In this Act—“analyst” means a person designated as an analyst under

section 22(2);

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Ch. 79:01.

First Schedule.SecondSchedule.

Ch. 29:54.

*“bank” means a bank licensed under the Banking Act, or aninstitution carrying on the business of banking under awritten law;

“business” means an activity carried on for the purpose of gain orprofit and includes all property derived from or used in orfor the purpose of carrying on such activity, and all rightsand liabilities arising from such activity;

“coca plant” means a plant of the genus Erythroxylon from whichcocaine can be extracted;

“dangerous drugs” means a narcotic drug listed in the FirstSchedule or a thing that contains such a drug or apsychotropic substance listed in the Second Schedule or athing that contains such a substance;

“dentist” means a person registered as such under the DentalProfession Act;

“Director of Public Prosecutions” means the Director of PublicProsecutions of Trinidad and Tobago or any person assignedby him for the purpose of this Act;

“document” includes— (a) a letter, figure, mark, inscription, writing, sign,

caricature, picture, drawing or representation inany form; and

(b) a visual recording, whether of still or movingimages, or sound recording, on any substance,material, thing or article;

“drug traffic”, “drug trafficking” or “trafficking” means theimportation, exportation, manufacture, sale, giving,administering, transportation, delivery or distribution by anyperson of a dangerous drug or any substance represented orheld out by such person to be a dangerous drug or the makingof any offer in respect thereof, whether in the Territory orelsewhere, and includes an arrangement whereby—

(a) the retention or control by or on behalf ofanother person of the other person’s proceeds ofdrug trafficking is facilitated, or



* The Banking Act was repealed by the Financial Institutions Act (Ch. 79:09).

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(b) the proceeds of drug trafficking by anotherperson are used to ensure that funds are placedat the other person’s disposal or are used for theother person’s benefit to acquire property;

but does not include— (c) the importation or exportation of a dangerous

drug by or on behalf of any person who has alicence therefore under section 4; or

(d) the manufacture, processing, packaging, sale,giving, administering, transportation, deliveryor distribution of a dangerous drug or themaking of any offer in respect thereof by or onbehalf of a person who has a licence thereforeunder section 5 or by or on behalf of a medicalpractitioner, dentist, veterinary surgeon orpharmacist for a medicinal purpose;

“drug trafficking offence” means any of the following: (a) an offence under section 5(4) and (7) and

*section 47; (b) an offence of conspiracy to commit any of the

offences referred to in paragraph (a); (c) an offence of attempting, inciting, aiding,

abetting, counselling or procuring thecommission of any of the offences referred to inparagraph (a) or (b);

“export” means the taking or conveying, or causing to be takenor conveyed, out of the Territory;

“holder”, in relation to any property, includes, a person who— (a) is the owner of; (b) is in possession of; (c) is in occupation of; (d) has custody or control of; and (e) has any other right, interest, title, claim, power,

duty or obligation, in relation to that property;

* Section 47 was repealed by Act No. 55 of 2000. (See Note on page 2).

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“import” means the bringing or conveying, or causing to bebrought or conveyed, into the Territory;

“life” means the natural life of a person;“medical practitioner” means a person registered under the

Medical Board Act;“Minister” means the Minister to whom responsibility for the

administration of Health is assigned;“opium” includes raw opium, powdered opium and opium

wholly or partially prepared for any use or purpose whateverits content of morphine may be;

“pharmacist” means a person registered as such under thePharmacy Board Act;

“plant” includes a living plant or any part thereof and any organ,tissue, cell or portion of the genetic material thereof;

“prepared opium” or “smoking opium” means the product of rawopium obtained by a series of special operations, especiallyby dissolving, boiling, roasting and fermentation, designedto transform it into an extract suitable for consumption; and“prepared opium” includes dross and all other residuesremaining when opium has been smoked;

“property” means real or personal property, whether within oroutside the Territory and includes—

(a) a right, interest, title, claim, chose in action,power, privilege, whether present or future andwhether vested or contingent, in relation toproperty, or which is otherwise of value;

(b) a conveyance executed for conveying,assigning, appointing, surrendering, orotherwise transferring or disposing ofimmovable property whereof the personexecuting the conveyance is proprietor orpossessed or wherein he is entitled to acontingent right, either for his whole interest orfor a lesser interest;

(c) a monetary instrument; (d) any other instrument or securities; (e) any business;

Ch. 29:50.

Ch. 29:52.



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(f) a vehicle, boat, aircraft or other means ofconveyance of any description; and

(g) any other tangible or intangible property;“securities” includes stocks, bonds, shares, debentures, funds and

certificates of deposit;“Territory” means the territory of Trinidad and Tobago;“trust” includes a legal obligation in favour of a beneficiary

subject to which any person holds property;“veterinary surgeon” means a person registered under the

Veterinary Surgeons (Registration) Act. (2) Reference in this Act to offences include a referenceto offences committed before the commencement of this Act, butnothing in Part V, Part VI and Part VII imposes any duty orconfers any power on any Court in or in connection withproceedings against a person for a drug trafficking offenceinstituted before the commencement of this Act. (2A) For the purposes of this Act possession of a thingshall include control of a thing which is in the custody of another. (3) References in this Act to anything received inconnection with drug trafficking include a reference to anythingreceived both in that connection and in a related connection. (4) References to property held by a person include areference to property vested in his trustee in bankruptcy orliquidator. (5) Proceedings for an offence are instituted— (a) when a Magistrate or Justice issues a summons

or warrant under section 38 or 41 of theSummary Courts Act in respect of the offence;

(b) when a person is charged with the offence afterbeing taken into custody without a warrant;

(c) when an indictment is preferred against anaccused person,

and where the application of this subsection would result in therebeing more than one time for the institution of proceedings, theyshall be taken to have been instituted at the earliest of those times.

Ch. 67:04.

Ch. 4:20.

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Minister mayissue licences.

(6) Proceedings for an offence are concluded on theoccurrence of one of the following events: (a) the discontinuance of the proceedings; (b) the acquittal of the defendant; (c) the quashing of his conviction for the offence; (d) the grant of the President’s pardon in respect of

his conviction for the offence; (e) the Court sentencing or otherwise dealing with

him in respect of his conviction for the offencewithout having made a confiscation order; and

(f) the satisfaction of a confiscation order made inthe proceedings whether by payment of theamount due under the order or by the defendantserving imprisonment in default.

(7) A confiscation order is subject to appeal so long asan appeal or further appeal is pending against the order or, if itwas made on a conviction, against the conviction; and for thispurpose an appeal or further appeal shall be treated as pending,where one is competent but has not been brought, until theexpiration of the time for bringing that appeal.

PART IIPOSSESSION OF AND TRAFFICKING

IN DANGEROUS DRUGS 4. The Minister may, subject to Regulations made undersection 57— (a) issue licences for the import, export, diversion,

sale, manufacture, production or distribution, ata stated place, of any dangerous drug;

(b) issue licences for the cultivation, gathering orproduction, at a stated place, of opium poppy,marijuana, or coca plant;

(c) name the ports or places in the Territory where anydangerous drug may be exported or imported;

(d) prescribe the manner in which any dangerousdrug is to be packed and marked for export;



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(e) authorise the furnishing of dangerous drugs tothe master of a ship for the medicinal needs ofthe crew thereof;

(f) prescribe the records that are to be kept by anyperson in connection with the export, import,manufacture, receipt, sale, disposal anddistribution of a dangerous drug.

5. (1) Subject to subsection (2), a person who has in hispossession any dangerous drug is guilty of an offence and is liable— (a) upon summary conviction to a fine of twenty-

five thousand dollars and to imprisonment forfive years;

(b) upon conviction on indictment to a fine of fiftythousand dollars and to imprisonment for a termwhich shall not exceed ten years but which shallnot be less than five years.

(2) Subsection (1) does not apply to— (a) a person who has the possession of a dangerous

drug under a licence issued pursuant to section 4permitting him to have possession of thatdangerous drug;

(b) a medical practitioner, dentist, veterinarysurgeon or pharmacist who is in possession of adangerous drug for any medicinal purpose;

(c) a person who obtains a dangerous drug formedicinal purposes from or pursuant to aprescription of a medical practitioner, dentist orveterinary surgeon;

(d) a person authorised under the Regulations to bein possession of a dangerous drug;

(e) a person who is acting for and under thesupervision of a person mentioned in paragraph(a), (b), (c) or (d).

Possessionof and trafficking indangerousdrugs.[27 of 199444 of 200011 of 2014].

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(3) A person who cultivates, gathers or produces anymarijuana, except where he does so under a licence granted undersection 4 or where he is acting under the supervision of a personhaving such a licence, commits an offence and is liable— (a) upon summary conviction to a fine of fifty

thousand dollars and to imprisonment for tenyears; or

(b) upon conviction on indictment to a fine of onehundred thousand dollars or where there isevidence of the street value of the marijuana, tentimes the street value of the marijuana,whichever is greater or to imprisonment fortwenty-five years to life.

(3A) A person who cultivates, gathers or produces anyopium poppy, or coca plant, except where he does so under alicence granted under section 4 or where he is acting under thesupervision of a person having such a licence, commits anoffence and is liable upon conviction on indictment to a fine oftwo hundred thousand dollars or, where there is evidence of thestreet value of the dangerous drug, fifteen times the street valueof the dangerous drug, whichever is greater, and to imprisonmentfor a term of twenty-five years to life. (4) A person who trafficks in any dangerous drug or inany substance represented or held out by him to be a dangerousdrug or who has in his possession any dangerous drug for thepurpose of trafficking is guilty of an offence. (5) Subject to subsection (7), a person who commits theoffence of trafficking in a dangerous drug or of being inpossession of a dangerous drug for the purpose of trafficking isliable upon conviction on indictment to a fine of one hundredthousand dollars or, where there is evidence of the street value ofthe dangerous drug, three times the street value of the dangerousdrug, whichever is greater, and to imprisonment for a term oftwenty-five years to life. (6) A person who commits the offence of trafficking in a

substance other than a dangerous drug, which he represents or holdsout to be a dangerous drug is liable upon conviction on indictmentto a fine of one hundred thousand dollars or, where there is evidence



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of the street value of the dangerous drug, three times the streetvalue of the dangerous drug, whichever is greater, and toimprisonment for a term of twenty-five years to life. (7) A person other than a person referred to in

subsection (2) found in possession of a dangerous drug or asubstance other than a dangerous drug which he represents or holdsout to be a dangerous drug, on any school premises or within fivehundred metres thereof is deemed to have the dangerous drug orsubstance for the purpose of trafficking, unless the contrary isproved, the burden of proof being on the accused, and such personcommits an offence and is liable upon conviction on indictment toa fine of one hundred and fifty thousand dollars or, where there isevidence of the street value of the dangerous drug, three times thestreet value of the dangerous drug, whichever is greater, and toimprisonment for a term of thirty-five years to life. (7A) Notwithstanding subsections (3A), (5), (6) and (7),where a person is charged for a drug trafficking offence underthis Act, the Director of Public Prosecutions may, at thepreliminary enquiry, elect to proceed with the matter summarilyand if the accused so consents, the Court may adjourn the matterto be dealt with accordingly. (7B) A person who pleads guilty to, or is found guilty ofan offence tried pursuant to subsection (7A) is liable to a fine offifty thousand dollars or, where there is evidence of the streetvalue of the dangerous drug, three times the street value of thedangerous drug, whichever is greater, and to imprisonment for aterm of ten years. (8) In subsection (7) “school premises” means thepremises of a school, college, university or other educationalinstitution and includes buildings, playing fields or otherpremises established, maintained or used by such institutions forthe benefit of its students whether or not such buildings, playingfields or other premises are within the curtilage of the institution. (9) A person, other than a person referred to insubsection (2), found in possession of more than— (a) twenty grammes of diacetylmorphine (heroin); (b) ten grammes of cocaine;

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(c) five hundred grammes of opium; (d) thirty grammes of morphine; or (e) one kilogramme of cannabis or cannabis resin, is deemed to have the dangerous drug for the purpose oftrafficking unless the contrary is proved, the burden of proofbeing on the accused. (10) Upon the trial of a person who is charged with anoffence under subsection (4), if the Court is not satisfied that suchperson is guilty thereof but is satisfied that he is guilty of anoffence under subsection (1), the Court may find him guilty ofsuch latter offence. 6. (1) The Court before which a person is convicted undersection 5, may, before imposing a sentence, order the PsychiatricHospital Director to admit the person convicted to the psychiatrichospital named in the Order. (2) Subject to subsection (4)(b) a person who has beenadmitted under subsection (1) shall not be kept in a hospital formore than fourteen days. (3) The Psychiatric Hospital Director shall, as soon aspracticable after admitting a person under subsection (1), make orcause to be made such psychiatric examination as he considersnecessary for determining whether or not the person is in need ofpsychiatric care and treatment, and shall, within fourteen days ofthe date of admission submit a report in writing to the Courtrelative to the condition of the person. (4) On receipt of the report, the Court shall forthwith— (a) rescind the Order made under subsection (1), if

the Psychiatric Hospital Director is satisfied thatthe person named in the Order is not in need ofcare and treatment; or

(b) make another Order authorising the PsychiatricHospital Director to admit the person namedtherein to a hospital for such further care andtreatment as the Psychiatric Hospital Director mayconsider necessary.

Court may orderadmission topsychiatrichospital.



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(5) Where an Order is made under subsection (4)(b), thePsychiatric Hospital Director shall, when he is satisfied that thepatient is no longer in need of care and treatment, report this factto the Court which shall forthwith rescind the Order. (6) The Court shall, where it rescinds an Order undersubsection (4)(a) or subsection (5), deal with the person in suchmanner as it deems necessary. (7) In this section “Psychiatric Hospital Director”,“psychiatric hospital” and “hospital” have the same meaning asin the Mental Health Act.

PART IIA

OFFENCES RELATING TO PRECURSOR CHEMICALS 6A. A person who— (a) manufactures or is in possession of a substance

referred to in the Fourth Schedule; or (b) transports such a substance or supplies it to

another person,knowing or having reasonable grounds to suspect that thesubstance is to be used in or for the unlawful production of adangerous drug commits an offence and is liable upon convictionon indictment to a fine of one hundred thousand dollars or, wherethere is evidence of the street value of the dangerous drug, threetimes the street value of the dangerous drug, whichever is greater,and to imprisonment for a term which shall not be less thantwenty-five years.

6B. The Minister may, by Order, add substances to the FourthSchedule and may delete therefrom any substance, the inclusionor exclusion of which is by him deemed necessary in the publicinterest.

6C. (1) The Minister may make Regulations— (a) for imposing requirements as to the

documentation of transactions involvingsubstances referred to in the Fourth Schedule;

Ch. 28:02.

Offence.[27 of 199444 of 2000].FourthSchedule.

Order.[27 of 1994].FourthSchedule.

Regulations.[27 of 1994].

FourthSchedule.

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(b) requiring the keeping of records and thefurnishing of information with respect to suchsubstances;

(c) for the inspection of records kept pursuant to theRegulations;

(d) for the labelling of consignments of scheduledsubstances;

(e) for the transportation of such substances. (2) Regulations made under subsection (1)(b) may require—

(a) the notification of the proposed exportation ofsubstances specified in the Fourth Schedule tosuch countries as may be specified in theRegulations; and

(b) the production, in such circumstances as may beso specified, of evidence that the requirednotification has been given.

(3) Regulations made under this section may make differentprovision in relation to the substances specified in the FourthSchedule and in relation to different cases or circumstances. (4) Any person who fails to comply with anyrequirement imposed by the Regulations or, in purportedcompliance with any such requirement, furnishes informationwhich he knows to be false in a material particular or recklesslyfurnishes information which is false in a material particular isguilty of an offence and is liable— (a) on summary conviction to a fine of five thousand

dollars and to imprisonment for two years; (b) on conviction on indictment to a fine of ten

thousand dollars and to imprisonment for notless than two years and not more than five years.

(5) No information obtained pursuant to the Regulationsshall be disclosed except for the purposes of criminalproceedings or of proceedings under the Dangerous Drugs Act,relating to the confiscation of the proceeds of drug trafficking.

FourthSchedule.

FourthSchedule.



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6D. In this Part “Minister” means the Minister to whomresponsibility for national security is assigned.

PART III

SUPPLY OF DANGEROUS DRUGS BY PHARMACISTSUNDER LICENCE AND APPOINTMENT OF

INSPECTORS AND ANALYSTS 7. (1) A person who has a licence under section 4 to deal inany dangerous drug shall not supply it to any person except asspecifically provided in this Act. (2) A person who has a licence under section 4 to deal inany dangerous drug may, upon receiving a written order therefordated and signed by a person who has a licence under section 4to deal in a dangerous drug, or by a pharmacist, medicalpractitioner, dentist or veterinary surgeon, whose signature isknown to the person receiving the order, or if unknown, thenverified before the order is filled, supply a dangerous drug tosuch person, or to a person authorised under the Regulations topurchase or be in possession of a dangerous drug.

8. (1) Subject to the Regulations, no pharmacist shallsupply a dangerous drug to any person except upon receiving awritten order or prescription therefor dated and signed by amedical practitioner, dentist or veterinary surgeon whosesignature is known to the pharmacist or, if unknown, thenverified before the prescription is filled. (2) No pharmacist shall use an order or prescription to

supply a dangerous drug on more than one occasion unless theprescription or order so directs and states the number of times itmay be refilled.

9. (1) Where the legal authority under which a person is inpossession of a dangerous drug under this Act is terminated orrevoked or where a person who is legally in possession of a

Interpretation.[27 of 1994].

Licensed personnot to supplydangerousdrugs.

Pharmacist notto supplydangerousdrugs.

Delivery ofdangerous drugsto Minister.

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dangerous drug under this Act in connection with his business,trade or calling ceases to engage in the business, trade or calling,or dies— (a) that person or any person acting for him or on

his behalf shall not give, sell, furnish, distributeor otherwise deal in any such dangerous drug,but the same shall forthwith be delivered by theperson in possession or in charge thereof to theMinister; and

(b) any constable or other person authorised in thatbehalf in writing by the Commissioner of Policeor by the Director of Medical Services mayenter the premises in which any such dangerousdrug is contained and seize and carry away thesame for delivery to the Minister.

(2) Where any dangerous drug is delivered to theMinister pursuant to subsection (1), the Minister may authorisethe payment of compensation therefor in such amounts and onsuch terms as he considers fit. 10. A person who contravenes section 7, 8 or 9 commits anoffence and is liable upon conviction on indictment to a fine ofone hundred thousand dollars or, where there is evidence of thestreet value of the dangerous drug, three times the street value ofthe dangerous drug, whichever is greater, and to imprisonmentfor a term which shall not be less than twenty-five years. 11. (1) A medical practitioner who— (a) prescribes, administers, gives, sells or furnishes

a dangerous drug to any person; or (b) signs any prescription or order for a

dangerous drug,is guilty of an offence unless the dangerous drug is required formedicinal purposes or is prescribed for the medical treatment of aperson who is under professional treatment by a medical practitioner. (2) A dentist or veterinary surgeon who— (a) prescribes, administers, gives, sells or furnishes

any dangerous drug; or

Contraventionof section 7, 8or 9—offenceand penalty.[44 of 2000].

Unlawful forphysician toprescribe, giveor sell drugexcept formedicinalpurposes.[44 of 2000].



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(b) signs any prescription or order for a dangerousdrug,

otherwise than in accordance with the Regulations, is guilty of anoffence. (3) A person who commits an offence under this sectionis liable upon conviction on indictment to a fine of one hundredthousand dollars or, where there is evidence of the street value ofthe dangerous drug, three times the street value of the dangerousdrug, whichever is greater, and to imprisonment for a term whichshall not be less than twenty-five years.

12. (1) The Minister may, by Order, appoint any person tobe an inspector for the purposes of this Act. (2) An inspector, accompanied by a police officer, mayat any reasonable time— (a) enter any place where, on reasonable grounds,

he believes that any dangerous drug ismanufactured, prepared, packaged, or stored,and examine any substance which he believes tobe a dangerous drug and take samples thereof;

(b) open and examine any receptacle or packagethat, on reasonable grounds, he believescontains any dangerous drug;

(c) examine any books, documents or otherrecords found in any place mentioned insubparagraph (a) that, on reasonable grounds, hebelieves contain or are likely to contain anyinformation with respect to a dangerous drug andmake copies thereof or take extracts therefrom;

(d) seize and detain for such time as may be necessaryany dangerous drug by means of or in relation towhich he reasonably believes any provision of thisAct or the Regulations has been violated.

(3) The person in charge of a place entered by an inspectorand a police officer pursuant to subsection (2), and any personfound therein, shall give all reasonable assistance within his power

Inspectors.

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to the inspector and furnish the inspector with such informationas he may reasonably require. (4) Any person who— (a) fails to comply with any provision of

subsection (3); (b) obstructs an inspector in the carrying out of his

duties under this Act; or (c) knowingly makes a false or misleading

statement either orally or in writing to anyinspector engaged in carrying out his dutiesunder this Act,

is guilty of an offence and is liable upon summary conviction toa fine of twenty-five thousand dollars and to imprisonment forfive years. (5) In this section “person in charge of a place” includesthe owner, occupier, person in possession of such place or agentof such person. 13. Any person who— (a) neglects or refuses to keep any record required by

the Regulations and manufactures, imports orexports a dangerous drug, or prescribes, furnishes,sells or distributes a dangerous drug; or

(b) neglects or refuses to produce for inspection thesaid record to the inspector or refuses to giveany information required by the inspector,

is guilty of an offence, and is liable, upon summary conviction,to a fine of twenty-five thousand dollars and to imprisonment forfive years. 14. Where a person, during the course of his treatment, issupplied by a medical practitioner with dangerous drugs or aprescription therefor and is aware of that fact and fails to disclosethat he had already obtained from another medical practitioner suchdangerous drug or prescription, he is guilty of an offence and isliable upon summary conviction to a fine of ten thousand dollarsand to imprisonment for six months.

Neglect orrefusal to keeprecords.

Supply ofdangerous drugsby two or moremedicalpractitioners.



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15. (1) No person shall, without lawful authority or withoutthe written permission of the Minister or some person authorisedby the Minister in that behalf, import or, without lawful orreasonable excuse, have in his possession any device, article orapparatus designed, generally used or specifically altered for thepurpose of the illegal use of dangerous drugs. (2) A person who contravenes subsection (1) is liableupon summary conviction to a fine of ten thousand dollars and toimprisonment for six months.

16. A person who, without lawful or reasonable excuse, isfound in any house, room or place where any dangerous drug isbeing illegally used is guilty of an offence and is liable uponsummary conviction to a fine of ten thousand dollars and toimprisonment for six months.

17. (1) Except as otherwise specifically provided, a personwho knowingly encloses a dangerous drug in or with any letter,packet or other matter sent by post or courier, commits an offenceand is liable upon conviction on indictment to a fine of onehundred thousand dollars or, where there is evidence of the streetvalue of the dangerous drug, three times the street value of thedangerous drug, whichever is greater, and to imprisonment for aterm which shall not be less than twenty-five years. (2) In any prosecution under this section an affidavit ofthe postmaster or assistant postmaster in charge of any post officeat which any dangerous drug was mailed, or to or through whichit was sent by mail, is sufficient proof of the fact that suchdangerous drug was enclosed in or with any letter, packet, orother mailable matter sent by post, or was put into, transmittedthrough or received at such post office. (3) Notwithstanding subsection (1), any wholesalepharmacist may forward by ordinary post any preparation orremedy that the Regulations permit to be sold without aprescription by a pharmacist, and may forward by registered postany dangerous drug.

Possession ofcertain devicesand apparatus.

Unlawful useof premises.

Enclosing drugsin a letter, etc.[44 of 2000].

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18. Where a person is convicted under this Act, other thanfor an offence under section 14, and the conviction adjudgesimprisonment and the payment of a fine, the sentence shall directthat in default of payment of the fine, the person so convictedshall notwithstanding any other law, be imprisoned— (a) for a period of nine months where the fine does

not exceed five thousand dollars; (b) for a period of three years, where the fine

exceeds five thousand dollars but does notexceed twenty-five thousand dollars; or

(c) for a period of fifteen years where the fineexceeds twenty-five thousand dollars,

which period shall commence at the end of the term ofimprisonment imposed by the Court.

19. In any prosecution for an offence under section 5, it isnot necessary for the prosecution to establish that the accuseddid not have a licence under section 4 or was not otherwiseauthorised to do the act complained of; and if the accused pleadsor alleges that he had such licence or other authority, the proofthereof lies upon him.

20. Where any person charged with an offence under section 11 pleads or alleges that the dangerous drug in question wasrequired for medicinal purposes or was prescribed for the medicaltreatment of a person under professional treatment by the accused,or was required for medicinal purposes in connection with hispractice as a dentist or veterinary surgeon, as the case may be, theburden of proof thereof lies upon the person so charged.

21. (1) Without limiting the generality of section 5(1) or (4),any person who occupies, controls, or is in possession of anybuilding, room, vessel, vehicle, aircraft, enclosure or place in orupon which a dangerous drug is found shall be deemed to be inpossession thereof unless he proves that the dangerous drug wasthere without his knowledge and consent.

Liability forimprisonmentfor non-paymentof fine.[44 of 2000].

Onus of proofon charge ofoffence undersection 5.

Burden of proof on pleas ofmedicinalpurposes ormedicaltreatment.

Occupier, etc.,deemed to be inpossession whendangerous drugsfound onpremises.



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(2) Any person who occupies, controls, or is inpossession of any building, room, vessel, vehicle, aircraft,enclosure or place in or upon which any device, apparatus orarticle mentioned in section 15 is found shall be deemed to havebeen in possession of such device, apparatus or article, unless heproves that the device, apparatus or article was there without hisknowledge and consent or that he was lawfully entitled to thepossession thereof.

22. (1) Notwithstanding any other law, in any prosecutionor proceedings under or pursuant to this Act, a certificate as tothe analysis of a dangerous drug signed or purporting to besigned by an analyst shall be received in evidence as primafacie proof of the facts stated in the certificate and of theauthority of the person giving or making the same, withoutany proof of appointment or signature. (2) The Minister may designate duly qualified analystsfor the purposes of this Act.

23. (1) A police officer who has reasonable cause to suspectthat any dangerous drug is kept or concealed for any purposecontrary to this Act in any store, shop, warehouse, outhouse,garden, yard, vessel, aircraft, vehicle or other place, may, by day ornight, search any such place for the dangerous drug, and ifnecessary, by force, bring it before a Magistrate; and if any deviceor apparatus, designed or generally used or specifically altered forthe purpose of the illegal use of dangerous drugs, is there and thenfound, it shall also be brought before the Magistrate. (2) Where it is proved upon oath before any Magistrateor Justice that there is reasonable cause to suspect that anydangerous drug is kept or concealed in a dwelling house for anypurpose contrary to this Act, the Magistrate or Justice may granta warrant to search by day or night any such place for thedangerous drug, and if the dangerous drug is found there, to bringit before a Magistrate; and if any device, apparatus or otherarticle referred to in subsection (1) is there and then found, itshall also be brought before the Magistrate.

Certificate ofanalyst andevidence offacts stated incertificate.

Search and seizure.

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24. Notwithstanding any other written law, unless the Courtotherwise directs, any device, apparatus or article referred to insection 23 and any dangerous drug seized under the provisions ofthis Act or found shall, at the expiration of six months from suchseizure or finding be forfeited to the State and delivered to theMinister to be disposed of as he may direct.

PART IV

SUMMARY CONVICTIONS 25. Any person who is summarily convicted of an indictableoffence committed under this Act is, notwithstanding section 100(5)of the Summary Courts Act, liable to the penalty provided for thesummary conviction of the offence under this Act. 26. Any person who is convicted of conspiracy to commit an

offence under this Act is liable, notwithstanding anythingcontained in any other written law, to the same penalty providedfor that offence under this Act. 27. Without prejudice to the provisions contained in the

Accessories and Abettors Act or sections 65 and 66 of theInterpretation Act, any person who attempts, aids, abets, counselsor procures the commission of an offence under this Act is guiltyof an offence under this Act and is liable on conviction to thesame penalty under this Act as the principal offender. 28. (1) The Magistrate shall bring to the notice of theaccused the provision of subsection (2) before the accused electsfor a summary trial under this Act. (2) Where on the summary trial of an offencecommitted under this Act and triable either summarily or onindictment a person who is not less than eighteen years ofage is convicted of the offence, then, if on obtaininginformation that his character and antecedents are such thatin the opinion of the Magistrate greater punishment shouldbe inflicted for the offence than the Magistrate has power toinflict, the Magistrate may commit that person in custody tothe High Court for sentence and shall, as soon as

Forfeiture ofseized items.

Punishment ofpersonsummarilyconvicted ofindictableoffence.Ch. 4:20.Penalty forconspiracy.

Accessories,etc., liable tosame penalty asprincipaloffender.Ch. 10:02.Ch. 3:01.

Committal tothe High Courtfor sentence.



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practicable, transmit to the Registrar of the High Court therecord of the proceedings. (3) On receipt of the record, the Registrar shall issue anorder to the Commissioner of Prisons to bring the convictedperson before a Judge of the High Court at a time to be fixed bythe Judge. (4) The Judge shall enquire into the circumstances of thecase and shall have power to deal with the convicted person as ifhe had just been convicted of the offence on indictment beforethe High Court.

29. Where an offence under this Act committed by a bodycorporate is proved to have been committed with the consent orconnivance of or to be attributable to any wilful neglect on thepart of any director, manager, secretary or other similar officer ofthe body corporate, or any person purporting to act in any suchcapacity, he as well as the body corporate is guilty of that offenceand is liable to be proceeded against accordingly.

PART IVA

BURDEN OF PROOF AND PRESUMPTIONS 29A. It shall not be necessary in any proceedings against any

person for an offence against this Act to negative by evidence anylicence, authorisation, authority, or other matter of exception ordefence, and the burden of proving any such matter shall be onthe person seeking to avail himself thereof.

29B. In all proceedings under this Act or any Regulationsmade thereunder— (a) premises shall be deemed to be used for a

purpose even if they are used for that purpose onone occasion only;

(b) a person, until the contrary is proven, shall bedeemed to be the occupier of premises, if he has,or appears to have, the care, control ormanagement of such premises;

Offence bybody corporate.

Burden of proof.[44 of 2000].

Presumptions.[44 of 2000].

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(c) if a dangerous drug or device, article orapparatus designed or generally used for theadministration or consumption of a dangerousdrug, is found in any premises, those premisesshall be presumed, until the contrary is proven,to be used for the purpose of the administrationof a dangerous drug to, or consumption of adangerous drug by a person and the occupiershall be presumed to permit such premises to beused for such purpose;

(d) a person who is found to have had in his custodyor under his control anything containing adangerous drug shall, until the contrary is proven,be deemed to have been in possession of suchdrug and shall, until the contrary is proven, bedeemed to have known the nature of such drug;

(e) a person who is found to have had in hispossession or under his control or subject to hisorder, any document of title relating to adangerous drug shall, until the contrary is proven,be deemed to have known the nature of such drug;

(f) if a dangerous drug is found to be concealed ina ship or aircraft it shall be presumed, until thecontrary is proven, that the said drug is soconcealed with the knowledge of the master ofthe ship or aircraft and has been imported or isto be exported in such ship or aircraft;

(g) if a dangerous drug is found to be concealed inany premises, it shall be presumed, until thecontrary is proven, that the said drug is soconcealed with the knowledge of the occupier ofthe premises;

(h) if a dangerous drug is found to be concealed inany compartment, in any vehicle, it shall, untilthe contrary is proven, be deemed to have beenso concealed with the knowledge of the ownerof the vehicle and of the person in charge of thevehicle at the time the drug is found;



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* See Note on Act No. 55 of 2000 on page 2.

(i) evidence by a police officer above the rank ofSergeant or by a senior Customs Officer that anydevice, article or apparatus is for use in theconsumption of a dangerous drug, or in thepreparation of a dangerous drug forconsumption, shall until the contrary is proven,be deemed to be sufficient evidence of that fact,and for the purposes of this paragraph“consumption” means eating, chewing,smoking, swallowing, drinking, inhaling orintroducing a dangerous drug into the body inany manner or by any means whatsoever;

(j) when any substance suspected of being adangerous drug has been seized and suchsubstance is contained in a number of packages,it shall be sufficient to analyse samples of thecontents of a number not less than ten per centof such packages and if such analysisestablishes that such samples are all of the samenature and description, it shall be presumed,until the contrary is proved, that the contents ofall the packages were of the same nature anddescription as the samples so analysed and ifsuch analysis establishes that such samplesconsist of or contain a dangerous drug, it shallbe presumed, until the contrary is proved, thatthe contents of all the packages consist of orcontain the same proportion of such drug.

PART V


*Sections 30 to 35D repealed by Act No. 55 of 2000.

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* See Note on Act No. 55 of 2000 on page 2.

PART VI

RESTRAINT ORDERS*Sections 36 to 47 repealed by Act No. 55 of 2000.

PART VII

INVESTIGATIONS INTO DRUG TRAFFICKING*Sections 48 to 52 repealed by Act No. 55 of 2000.

PART VIII

FORFEITURE ORDERS*Section 53 repealed by Act No. 55 of 2000.

PART VIIIA

OFFENCES ON THE HIGH SEAS 53A. (1) In this Part—

“archipelagic waters” has the meaning assigned to it in section 1of the Archipelagic Waters and Exclusive EconomicZone Act;

“ship” includes every description of vessel used in navigation;“Trinidad and Tobago ship” means a ship registered in Trinidad

and Tobago. (2) Anything which would constitute a drug traffickingoffence if done on land in any part of Trinidad and Tobago shallconstitute that offence if done on a Trinidad and Tobago ship.

53B. (1) This section applies to a Trinidad and Tobago ship,a ship registered in any other State and a ship not registered inany country or territory. (2) A person commits an offence if on a ship to whichthis section applies, wherever it may be, he— (a) has a dangerous drug in his possession; or

Offences onTrinidad andTobago ships.[27 of 199444 of 2000].Ch. 51:06.

Ships used forillicit trading.[44 of 2000].



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(b) is in any way, knowingly concerned in thecarrying or concealing of a dangerous drug onthe ship,

knowing or having reasonable grounds to suspect that the drug isintended to be imported or has been exported contrary to section 5of the Act or the law of any State other than Trinidad and Tobago. (3) A certificate purporting to be issued by or on behalfof the government of any State to the effect that the importationor exportation of a dangerous drug is prohibited by the law of thatState shall be evidence of the matters stated. (4) A person found guilty of an offence under thissection is liable upon conviction on indictment to a fine of onehundred thousand dollars or, where there is evidence of the streetvalue of the dangerous drug, three times the street value of thedangerous drugs, whichever is greater and to imprisonment for aterm which shall not be less than twenty-five years.

53C. (1) The powers conferred on an enforcement officer bythe Fifth Schedule shall be exercisable in relation to any ship towhich section 53A or 53B applies for the purpose of detectingand the taking of appropriate action in respect of the offencesmentioned in those sections. (2) The powers referred to in subsection (1) shall not beexercised outside the landward limits of the archipelagic watersof Trinidad and Tobago in relation to a ship registered in aConvention State except with the authority of the Minister towhom responsibility for Foreign Affairs is assigned (hereinafterin this Part referred to as “the Minister”), and he shall not give hisauthority unless that State has in relation to that ship— (a) requested the assistance of Trinidad and Tobago

for the purpose mentioned in subsection (1); or (b) authorised Trinidad and Tobago to act for that

purpose. (3) In giving his authority pursuant to a request orauthorisation from a Convention State the Minister shall impose

Enforcementpowers.[27 of 199444 of 2000].Fifth Schedule.

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Fifth Schedule.

Fifth Schedule.

Fifth Schedule.

Jurisdiction andprosecution.[27 of 1994].

Fifth Schedule.

Offences andpenalties.[44 of 2000].

such conditions or limitations on the exercise of the powers asmay be necessary to give effect to any conditions or limitationsimposed by that State. (4) The Minister may, either of his own motion or inresponse to a request from a Convention State, authorise aConvention State to exercise, in relation to a Trinidad and Tobagoship, powers corresponding to those conferred on enforcementofficers by the Fifth Schedule but subject to such conditions orlimitations, if any, as he may impose. (5) Subsection (4) is without prejudice to anyagreement made, or which may be made, on behalf of Trinidadand Tobago whereby Trinidad and Tobago undertakes not toobject to the exercise by any other State in relation to aTrinidad and Tobago ship of powers corresponding to thoseconferred by the Fifth Schedule. (6) The powers conferred by the Fifth Schedule shall notbe exercised in the territorial sea of any State other than Trinidadand Tobago without the authority of the Minister and he shall notgive his authority unless that State has consented to the exerciseof those powers. 53D. (1) Proceedings under this Part of this Act or the Fifth

Schedule in respect of an offence on a ship may be taken, and theoffence may for all incidental purposes be treated as having beencommitted, in any place in Trinidad and Tobago. (2) No such proceedings shall be instituted in Trinidadand Tobago except by or with the consent of the Director ofPublic Prosecutions. (3) Without prejudice to subsection (2), no proceedingsfor an offence under section 53B alleged to have been committedoutside the landward limits of the territorial sea of Trinidad andTobago on a ship registered in a Convention State shall beinstituted except in pursuance of the exercise, with the authorityof the Minister, of the powers conferred by the Fifth Schedule. 53E. (1) Notwithstanding any sentence of imprisonment

prescribed under this Act, the Court may, on the application of the



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Protection ofinformants.

Destruction ofdrug exhibits.[44 of 2000].

Director of Public Prosecutions, impose a lesser sentence upon adefendant who at any time prior to conviction, co-operates in theinvestigation or prosecution of a drug trafficking offence. (2) Where a company commits an offence under thisAct, any officer, director or agent of the company who directed,authorised, assented to, acquiesced in or participated in thecommission of the offence is a party to, and commits the offence,and is liable on conviction to the punishment provided for theoffence, whether or not the company has been prosecuted orconvicted.

PART IX

MISCELLANEOUS 54. (1) No witness in any proceedings under this Act shallbe obliged— (a) to disclose the name and address of any

informer who has given information withrespect to an offence under this Act, or withrespect to any matter relating to or leading toany proceedings under this Act; or

(b) to answer any question if the answer theretowould lead, or would tend to lead, to the discoveryof the name or address of such informer.

(2) Where any book, document or paper which is inevidence or liable to inspection in any proceedings under this Actcontains an entry in which any informer is named or described orwhich might lead to his discovery, the Court shall cause all suchentries to be concealed from view or to be obliterated so far asmay be necessary to protect the informer from discovery.

54A. (1) Where, under this Act, a person has been charged withan offence and a substance which is believed to be a dangerousdrug has been seized as evidence of the offence— (a) if photographic or video evidence exists which

illustrates the nature, quantity, size, packaging andlocation of the drug; and

UNOFFICIAL VERSION



Notice or ordernot to be invalidfor error indescription.

Power of policeofficer underother writtenlaws.

Lesser penaltyfor youngeroffender.[44 of 2000].

(b) the defendant fails to show reasonable causewhy the substance should not be destroyed,

the Court may order the destruction of the substance before thecompletion of legal proceedings against the defendant. (2) An application under subsection (1) for thedestruction of the substance shall be made by the Director ofPublic Prosecutions to the Court after— (a) the scientific analysis of the substance has been

completed; and (b) the defendant has been given seven days notice

of the intention to make an application underthis section.

55. (1) No notice, notification or other process, issued,served or published, and no order, decision or judgment made,given, issued, served or published, under this Act shall be deemedto be invalid by reason of any error or omission in the descriptionof the property or person mentioned therein if such property orperson is identifiable from the description so mentioned. (2) Without prejudice to subsection (1), where any orderhas been made, or a decision or judgment given, by any Court inany proceedings under this Act, any error or omission in theorder, decision or judgment relating to the description of anyproperty or person may at any time be rectified by the Court onits own motion or on the application of any party or any personaffected by the order, decision or judgment.

56. The provisions of this Act in so far as they relate topowers shall be in addition to the powers of a police officer underany other written law relating to criminal procedure and not inderogation thereof, but in the event of inconsistency or conflictbetween the provisions of this Act and those of such other writtenlaw, the provisions of this Act shall prevail.

56A. Where a person under the age of twenty-one years appearsbefore a Court and is found guilty of an offence under this Act, the



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L.R.O.

Regulations.

Judge or Magistrate may impose a lesser penalty on such a personthan that specified for the offence in this Act. 57. (1) The Minister may make Regulations for carrying outthe purposes and provisions of this Act and, without limiting thegenerality of the foregoing, may make Regulations— (a) with respect to the issue and duration and the

terms and forms of the several licences that maybe issued under section 4 and to the payment offees for them;

(b) for the use, purchase, sale or possession ofany dangerous drugs for medicinal orscientific purposes;

(c) for the revocation of licences; (d) prescribing the form of prescription and specifying

the dangerous drugs that may be sold by apharmacist on the oral prescription of a medicalpractitioner, dentist or veterinary surgeon;

(e) for the prescription, ordering, administration,sale, or furnishing of a dangerous drug by adentist or a veterinary surgeon;

(f) for the exemption from any of the provisions ofthis Act of preparations containing dangerousdrugs when suitably medicated with drugs otherthan dangerous drugs and the conditions underwhich such exempted preparations may be sold;

(g) requiring medical practitioners, dentists, veterinarysurgeons, pharmacists and other persons who dealin dangerous drugs as authorised by this Act tokeep records and make returns;

(h) prescribing that any contravention of specifiedRegulations shall constitute an offence; and

(i) prescribing anything required to be prescribedunder this Act.

(2) The Minister to whom responsibility for theadministration of Finance is assigned may make Regulations forthe seizure of any article or thing which is liable to forfeitureunder this Act.

UNOFFICIAL VERSION



*See Note on section 60 of the Act on page 2.

Penalties underRegulations.

Additions toFirst andSecondSchedules.

Annual report.[27 of 1994].

JointParliamentaryCommittee.[ 27 of 1994].

Repeal andsavingsOrdinance.[27 of 196137 of 1985].

Section 68of theInterpretationAct, Ch. 3:01not applicable.[44 of 2000].

58. A person who fails to carry out or observe the provisionsof any regulation the contravention of which is stated in theRegulations to constitute an offence is liable on summaryconviction to a fine of two thousand dollars and to imprisonmentfor six months.

59. The Minister may by Order add substances to the Firstand Second Schedules and may from time to time deletetherefrom any dangerous drug, the inclusion or exclusion ofwhich is by him deemed necessary in the public interest.

59A. The Minister shall cause to be laid in both Houses ofParliament, annually, a report on the Administration of this Act.

59B. (1) There shall be established for purposes of this Act, aJoint Parliamentary Committee of Parliament to be known as“The Joint Parliamentary Committee on Dangerous Drugs”. (2) The Joint Parliamentary Committee on DangerousDrugs shall be responsible for monitoring the operations of thisAct and the review of the report referred to in section 59A.

*60. (1) The following written laws are repealed: (a) the Narcotic Control Ordinance; and (b) the Narcotic Drugs and Psychotropic

Substances Control Act. (2) Notwithstanding the repeal of the Ordinance andthe Act referred to in subsection (1) anything done or anyaction taken under the Ordinance or the Act, shall be deemedto have been done or taken under the correspondingprovisions of this Act.

61. The provisions of section 68(2) and (3) of theInterpretation Act shall apply only to the penalties prescribed forpossession of dangerous drugs under this Act.



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Section 3.FIRST SCHEDULE

LIST OF NARCOTIC DRUGS 1. Opium Poppy (Papaver somniferum) its preparations, derivatives,alkaloids and salts, as for example:

(1) Opium (2) Codeine (3- methylmorphine) (3) Morphine (4) Narcotine (5) Papaverine (6) Thebaine, and their preparations, derivatives and salts, as

for example (7) Actorphine [3–0–acctyltotrahydro–7–(1–hydroxy–1–

methylbutyl)–6,14–endoetheno-oripavine] (8) Acetyldihydrocodeine (9) Benzylmorphine (3–benzylmorphine) (10) Codoxime (dihydro codcinone–6–carboxymethyloxime) (11) Desomorphine (dihydrodcoxymorphine) (12) Dihydrocodeine (13) Dihydromorphine (14) Ethylmorphine (3–ethylmorphine) (15) Etorphine [tetrahydro–7 –( 1–hydroxy–1– methylbutyl)–6,

14–endoetheno-oripavine] (16) Heroin (17) Hydrocodone (dihydrocodeinone) (18) Hydromorphone (dihydromorphinone) (19) Hydromorphinol (14–hydroxydihydromorphine) (20) Methyldesorphine (6–methyl–delta–6–deoxymorphine) (21) Methyldihydromorphine (6–methyldihydromorphine) (22) Metopon (5–methyldihydromorphinone) (23) Morphine Methobromido and other pentavalent nitrogen

morphine derivatives, including in particular the morphine-N-oxide derivatives, one of which is Codeine-N-Oxide

(24) Morphine-N-Oxide (25) Myrophine (myristylbenzylmorphine) (26) Nalorphine (N-allylnormorphine) (27) Nicocodine (6–nicotinylcodeine) (28) Nicodicodine (6–nicotinyldihydrocodeine)

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(29) Nicomorphine (3, 6–dinicotinylmorphine) (30) Norcodeine (N-demethylcodeine) (31) Norinophine (demethylmorphine) or (N-demethylated

morphine) (32) Oxycodone (14–hydroxydihydrocodeinone) (33) Oxymorophone (14–hydroxydihydromorphinone) (34) Pholcodine (morpholinylethylmorphine) (35) Thebacon (acetyldihydrocodeinone) but not including (36) Apomorphine, and (37) Poppy seed.

2. A. Coca (Erythroxylon), its preparations, derivatives, alkaloids andsalts, as for example:

(1) Coca leaf(2) Cocaine (methyl ester of benzoyleogonine)(3) Ecgonine, its esters and derivatives which are convertible to

ecgonine and cocaine. B. Synthetic cocaine.

3. Cannabis, Cannabis sativa, Cannabis sativa L, their preparations,derivatives and similar synthetic preparations, as for example:

(1) Cannabis resin (2) Cannabis (marihuana) (3) Cannabinol (3–n-amyl-6, 6, 9-trimethyl–6–dibenzopyran-

l-ol).

4. Phenylpiperidines, their preparations, derivatives and salts, as forexample:

(1) Alfentanil (N- (1–(2–(4-ethyl–4, 5–dihydro–5–oxo–1 H-tetrazol-l-ylethyl)–4–(methoxymethyl)–4–piperidinyl)-N-phenylpropanamide monohydrochloride

(2) Allylprodine (3–allyl-1-methyl–4–phenyl–4–propionoxypiperidine)

(3) Alphameprodine (alpha–3 ethyl-1-methyl–4–phenyl–4–propionoxypiperidine)

(4) Alphaprodine (alpha–l, 3–dimethyl–4–phelyl–4–propionoxypiperidine)

(5) Anileridine (l-para-aminophenethyl–4–phenylpiperidine–4–carboxylic acid ethyl ester)

(6) Anopridine (ethyl 1–(3–(phenylamino propyl)–4–phenylpiperidine–4–carboxylate)



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(7) Benzethidine (l–(2–benzyloxyethyl)–4–phenylpiperidine–4–carboxylic acid ethyl ester)

(8) Betameprodine (beta–3–ethyl–1–Methyl–4–phenyl–4– propionoxypiperidine (9) Betaprodine (beta–l, 3–dimethyl–4–phenyl–4–

propionoxypiperidine) (10) Bezitramido (1–(3–cyano–3, 3–diphenylpropyl)–4– (2–oxo–3–propionyl–1–benzimidazolinyl)-piperidine) (11) Diphenoxylate (1–(3–cyano–3, 3–diphenylpropyl)–4–

phenylpiperidine–4–carboxylic acid ethyl ester) (12) Etoxeridine (1–(2–(2–hydroxyethoxy)-ethyl)–4–

phenylpiperidine–4–carboxylic acid ethyl ester) (13) Fentanyl (1–phenethyl–4–N–propionylanilinopiperidine) (14) Furethidine (1–(2–tetrahydrofurfuryloxyethyl)–4– phenylpiperidine–4– carboxylic acid ethyl ester) (15) Hydroxypethidine(4–meta-hydroxyphenyl–1–

methylpiperidine–4–carboxylic acid ethyl ester) (16) Ketobemidone (4–meta-hydroxyphenyl–l–methyl–4–

propionylpiperidine) (17) Morpheridine(1–(2–morpholinoethyl)–4– phenylpiperidine–4–carboxylic acid ethyl ester) (18) Pethidine (l–methyl–4–phenylpiperidine–4–carboxylic acid

ethyl ester) (19) Pethidine-Intermediate-A (4–cyano–1–methyl–4– phenylpiperidine) (20) Pethidine-Intermediate–B(4–phenylpiperidine–4–carboxylic

acid ethyl ester) (21) Pethidine-Intermediate-C-

(1–methyl–4–phenylpiperidine–4– carboxylic acid) (22) Phenampromide (N- ( l–methyl–2–piperidinoethyl)-

propionanilide) (23) Phonoperidine (l–(3–hydroxy–3–phenylpropyl)–4–

phenylpiperidine–4–carboxylic acid ethyl ester) (24) Piminodine (4–phenyl–1–(3–phenylaminopropyl)– piperidine–4–carboxylic acid ethyl ester) (25) Piritramide (1–(3-cyano–3, 3– diphenylpropyl)–4–(l–

piperidine)-piperidine–4–carboxylic acid amide) (26) Properidine (l–methyl–4–phenylpiperidine–4–carboxylic

acid isopropyl ester) (27) Propiram (N-(l–methyl–2–piperidinoethyl)–N–2– pyridylpropionamide)

UNOFFICIAL VERSION



(28) Sufentanil (N–(4–(methoxymethyl)–1–(2–thienyl)–4– piperidyl)-propionanilide) (29) Trimeperidine (1, 2, 5–trimethyl–4–phenyl–4–

propionoxypiperidine).

5. Phenazepines, their preparations, derivatives and salts, as forexample:

(1) Proheptazine (hexahydro–l, 3–dimethyl–4–phenyl–4– azepinyl propionate), but not including: (2) Ethoheptazine (ethyl hexahydro-l-methyl-4-phenyl-4–

azepinecarboxylate).

6. Amidones, their preparations, derivatives and salts, as forexample:

(1) Dipipanone (4–4–diphenyl–6–piperidine–3–heptanone) (2) Isomethadone (6–dimethylamino–5–methyl–4–diphenyl–3–

hexanone) (3) Methadone (6–dimethylamino–4, 4–diphenyl–3–heptanone) (4) Methadone-Intermediate (4–cyano–2–dimethylamino–4,

diphenylbutane) (5) Normethadone (6–dimethylamino–4, 4–diphenyl–3–hexanone) (6) Phenadoxone (6–morpholino–4, 4–diphenyl–3–heptanone).

7. Methadols, their preparations, derivatives and salts, as for example: (1) Acetylmethadol (3–acetoxy–6–dimethylamino–4, 4–

dephenylheptane) (2) Alphacetylmethadol (alpha–3 acetoxy–6–dimethylamino–4,

4–diphenylheptane) (3) Alphamethadol (alpha–6–dimethylamino–4, 4–diphenyl–3–

heptanol) (4) Betacetylmethadol (beta–3–acetoxy–6–dimethylamino–4,

4–diphenylheptane) (5) Betamethadol (beta–6–dimethylamino–4,

4–diphenyl–3–heptanol) (6) Dimepheptanol (6–dimethylamino–4,

4–diphenyl–3–heptanol) (7) Noracymethadol ((±)-alpha–3–acetoxy–6–methylamino–4,

4–diphenylheptane).

8. Phenalkoxams, their preparations, derivatives and salts, as forexample:

(1) Dextropropoxyphene (x–(+)–4–dimethylamino–l,2–diphenyl–3–methyl–2–butanol propionate)



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L.R.O.

(2) Dimenoxadol (2-dimethylaminoethyl–1–ethoxy–1, l–diphenylacetate) (3) Dioxaphetyl butyrate (ethyl–4–morpholino–2, 2–diphenylbutyrate).

9. Thiambutenes, their preparations, derivatives and salts, as forexample:

(1) Diethylthiambutene (3–diethylamino–1,l–di–(2’–thienyl)–1–butene)

(2) Dimethylthiambutene (3–dimethylamino–1, l–di– (2’–thienyl)-l-butene) (3) Ethylmethylthiambutene (3–ethylmethylamino–1, l–di–(2’–thienyl)–l–butene).

10. Moramides, their preparations, derivatives and salts, as for example: (1) Dextromoramide ((+)–4–[2-methyl–4–oxo–3,

3–diphenyl–4–(l–pyrrolidinyl)–butyl]–morpholine) (2) Levomoramide ((—)–4–[2–methyl–4–oxo–3,

3–diphenyl–4–(l–pyrrolidinyl)–butyl]–morpholine) (3) Racemoramide ((±)–4–[2–methyl–4–oxo–3, 3–diphenyl–4– (1–pyrrolidinyl)–butyl]-morpholine).

11. Morphinans, their preparations, derivatives and salts, as for example: (1) Drotebanol (3, 4–dimethoxy–17–methylmorphinan–6B,

14–diol) (2) Levomethorphan [(—)–3–methoxy-N-methylmorphinan] (3) Levorphanol [(—)–3–hydroxy-N-methylmorphinan] (4) Norlevorphanol [(—)–3–hydroxymorphinan] (5) Phenomorphan (3–hydroxy-N-phenethylmorphinan) (6) Racemethorphan [( ± )–3–methoxy-N-methylmorphinan] (7) Racemorphan [(±)–3–hydroxy-N-methylmorphinan], but

not including: (8) Dextromethorphan (d–1, 2, 3, 9, 10, l0a-hexahydro–6–

methoxy–11–methyl–4h–10, 4a–iminoethanophenanthrene) (9) Dextrorphan (D–1, 2, 3, 9, 10, 10A-hexahydro–11–

methyl–4H–10, 4A-iminoethanophenanthren–6–ol), and (10) Levallorphan (1–11–ally1–1, 2, 3, 9,10,10A–hexahydro-

4H–10, 4A–iminoethanophenantren–6–ol).

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12. Benzazocines, their preparations, derivatives and salts as forexample:

(1) Phenazocine (2’–hydroxy–5, 9–dimethyl–2–phenethyl–6,7–benzomorphan)

(2) Metazocine (2’–hydroxy–2, 5, 9-trimethyl–6, 7–benzomorphan).

13. Other chemical compounds: (1) Clonitazene (2–para–chlorbenzyl–1–diethylaminoethyl –5–nitrobenzimidazole) (2) Diampromide (N–[2–methylphenethylamino)–propyl]–

propionanilide) (3) Difenoxin (1–(3–cyano–3, 3–diphenylpropyl)–4–

phenylisonipecotic acid) (4) Etonitazene (l–diethylaminoethyl–2–para-ethoxybenzyl–5–

nitrobenzimidazole) (5) Tilidine ((±)–ethyl-trans–2–(dimethylamino)–1–phenyl–3–

cyclohexene–1–carboxylate). The isomers unless specifically excepted, of the drugs in this Schedule

whenever the existence of such isomers is possible within the specificchemical designation. The esters and ethers, unless appearing in another Schedule, of the drugs

in this Schedule whenever the existence of such esters or ethers is possible. The salts of the drugs listed in this Schedule, including the salts of esters,

ethers and isomers as provided above whenever the existence of such saltsis possible.



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L.R.O.

Section 3.[173/1995].

Chemical nameOther non-proprietary or trival names

Internationalnon-proprietary name

(INN)*DETDMHP

DMTLSD, LSD–25

mescaline

paranexyl

PCE

PHP, PCPY

psilocine,psilotsin

STP, DOM

TCP

THC

(+)–LYSERGIDE

ETICYCLIDINE

ETRYPTAMINE

METHCATHINONE

ROLICYCLIDINE

PSILOCYBINE

TENOCYCLIDINE

N,N-Diethyltryptamine3–(1, 2–Dimethyltheptyl)–l–hydroxy–7, 8, 9, 10–tetrahydro–6, 6, 9–trimethyl–6H–dibenzo(b, d) pyranN,N-Dimethyltryptamine(+)–N,N–Diethyllysergamide(d-lysergic acid diethy-lamide)3, 4, 5–Trimethoxyphene-thylamine3–Hexyl–l–hydroxy–7, 8, 9,10–tetrahydro–6, 6, 9–trimethyl–6H–dibenzo(b, d) pyranN-Ethyl–l–phenylcyclo–hexylamine[3–(2–Aminobutyl) indole]

[2–(Methylamino)–1–phenylpropan–1–one]l–(l–Phenylcyclohexyl)pyrrolidine3–(2–Dimethylaminoethyl)–4–hydroxyindole3–(2–Dimethylaminoethyl)–indol–4–yl dihydrogenphosphate2–Amino–1–(2, 5–dimethoxy–4–methyl) phenylpropane1–(1–(2–Thienyl) cyclohoxyl)piperidineTetrahydrocannabinols, thefollowing isomers:∆6A(10a), ∆6A(7), ∆7,∆8, ∆9, ∆10, ∆9(11)and their stereochemical variants.

SECOND SCHEDULE

PSYCHOTROPIC SUBSTANCES LISTED IN SCHEDULE IOF THE CONVENTION ON PSYCHOTROPIC

SUBSTANCES, 1971, VIZ:*The names printed in capitals in the left-hand column are the InternationalNon-proprietary Names (INN)

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THIRD SCHEDULE

[This Schedule, which contained amendments to the Interpretation Act,(Ch. 3:01) and the Summary Courts Act, (Ch. 4:20), has been omitted].

FOURTH SCHEDULE 1. N. Acetylantranilic acid 2. Acetic anhydride 3. Acetone 4. Anthranilic acid 5. Benzone 6. Benzyl chloride 7. Benzyl cyanide 8. 2—Butanone (methyl ethyl ketone) 9. Ephedrine 10. Ergonovine 11. Ergotamine 12. Ethyl ether 13. Hydrochloric acid 14. Methylene chloride 15. 3, 4 Methylenedioxphenyl—2—propanone 16. Norpseudo ephedrine 17. Phenylacetone acid 18. Phenylacetone 19. Piperidine 20. Potassium permanganate 21. Pseudo ephedrine 22. Sulphuric acid 23. Toluene 24. 1—Phenyl—2—propanone 25. Phenylacetic acid and its salts 26. Phenylpropanolamine and its salts 27. Bromobenzyl cyanide 28. Lysergic acid 29. Erogometrine and its salts 30. Sodium sulphate 31. Potassium carbonate 32. Sodium carbonate 33. Isosafrol (cis+trans) 34. Piperonal 35. Safrole 36. Methylethyl ketone (MEK) The salts of the substances are listed in this Schedule whenever the

existence of such salts is possible.

Section 6A.27 of 1994.



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L.R.O.

Section 53C.27 of 1994.[44 of 2000].

Definitions.

Ch. 78:01.

Power to stop,board, divertand detain.

Power to searchand obtaininformation.

FIFTH SCHEDULE

ENFORCEMENT POWERS IN RESPECT OF SHIPS 1. (1) In this Schedule “an enforcement officer” means—

(a) a police officer; (b) a member of the Coast Guard; (c) an officer commissioned by the Comptroller of Customs and

Excise under the Customs Act; and (d) any other person of a description specified in an Order made

for the purposes of this Schedule by the Minister to whomresponsibility for National Security is assigned.

(2) In this Schedule “the ship” means the ship in relation to whichthe powers conferred by this Schedule are exercised.

2. (1) An enforcement officer may stop the ship, board it and, if hethinks it necessary for the exercise of his functions, require it to be taken to aport in Trinidad and Tobago and detain it there. (2) Where an enforcement officer is exercising his powers with theauthority of the Minister given under section 53C(2) of this Act the officer mayrequire the ship to be taken to a port in the Convention State in question or, if thatState has so requested, in any other country or territory willing to receive it. (3) For any of the purposes referred to in subclauses (1) and (2), anenforcement officer may require the master or any member of the crew to takesuch action as may be necessary. (4) Where an enforcement officer detains a vessel he shall serve onthe Master a notice in writing stating that it is to be detained until the notice iswithdrawn by the service on him of a further notice in writing signed by anenforcement officer.

3. (1) An enforcement officer may search the ship, anyone on it andanything on it, including its cargo. (2) An enforcement officer may require any person on the ship togive information concerning himself or anything on the ship. (3) Without prejudice to the generality of the powers referred to insubclauses (1) and (2), an enforcement officer may—

(a) open any containers; (b) make tests and take samples of anything on the ship; (c) require the production of documents, books or records

relating to the ship or anything on it; (d) make photographs or copies of anything whose production

he has power to require.

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Powers inrespect ofsuspectedoffence.

Assistants.

Use ofreasonableforce.

Evidence ofauthority.

Protection ofofficers.

Offences.

4. If an enforcement officer has reasonable grounds to suspect that anoffence mentioned in section 53A or 53B of this Act has been committed on aship to which that section applies he may—

(a) arrest without warrant anyone whom he has reasonablegrounds for suspecting to be guilty of the offence; and

(b) seize and detain anything found on the ship which appears tohim to be evidence of the offence.

5. (1) An enforcement officer may take with him, to assist him inexercising his powers—

(a) any persons; and (b) any equipment or materials.

(2) A person whom an enforcement officer takes with him to assisthim may perform any of the officer’s functions but only under the officer’ssupervision.

6. An enforcement officer may use reasonable force, if necessary, in theperformance of his functions.

7. An enforcement officer shall, if required, produce evidence ofauthority.

8. An enforcement officer shall not be liable in any civil or criminalproceedings for anything done in the performance of his functions under thisSchedule if the Court is satisfied that the act was done in good faith and thatthere were reasonable grounds for doing it.

9. (1) A person is guilty of an offence if he— (a) intentionally obstructs an enforcement officer in the

performance of any of his functions under this Schedule; (b) fails without reasonable excuse to comply with a

requirement made by an enforcement officer in theperformance of those functions; or

(c) in purporting to give information required by an officer forthe performance of those functions—

(i) makes a statement which he knows to be false in amaterial particular or recklessly makes a statementwhich is false in a material particular; or

(ii) intentionally fails to disclose any material particular. (2) A person guilty of an offence under this paragraph is liable onsummary conviction to a fine of five thousand dollars and to imprisonment fortwo years.

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L.R.O.

SUBSIDIARY LEGISLATION

DANGEROUS DRUGS (APPOINTMENT OFINSPECTORS) ORDERmade under section 12(1)

1. This Order may be cited as the Dangerous Drugs(Appointment of Inspectors) Order.

2. In this Order “the Act” means the Dangerous Drugs Act.

3. The Minister, acting in accordance with section 12(1) ofthe Act, appoints the following pharmacists of the DrugsInspectorate Division, Inspectors for the purposes of the Act:

Lynette John Deana Boland-Callender Yvette Sylvester Ramnarace Seenath Junia Walcott Elizabeth Maughan Kenrick Cumberbatch Joan Charles Brenda Charles Andrea Grimes Mary Churaman-Lewis Ann Marie Walters Jennifer Herbert Ameena Ali Roxanne Rampersad

143/2001.[85/2005144/2007187/200927/2010359/2012].

Citation.

Interpretation.

Appointment ofInspectors.

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48 Chap. 11:25 Dangerous Drugs (APPENDIX)


APPENDIXThis Appendix contains sections 30 to 53 of the Actwhich were repealed by Act No. 55 of 2000;but, notwithstanding the repeal of sections 30 to 53of the Act these sections will continue to have effectwith respect to proceedings brought before the6th November 2000 for a Drug Trafficking offence.

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(APPENDIX) Dangerous Drugs Chap. 11:25 49


L.R.O.

Confiscationorders.

PART V


30. (1) Where a person is convicted of a drug traffickingoffence by a Magistrate and where— (a) it appears to the Magistrate that the person

convicted may have benefited from drugtrafficking and has or may have realisableproperty; or

(b) it appears to the Director of Public Prosecutionsthat the person convicted may have benefitedfrom drug trafficking and has or may haverealisable property, on application by theDirector of Public Prosecutions,

the Magistrate shall at the time of conviction commit suchperson for sentence by a Judge of the High Court and shall remitto the Judge his recommendations as to such sentence and thereasons therefor. (2) Where a person appears before the High Court(hereinafter referred to as “the Court”) to be sentenced in respectof a drug trafficking offence or where a person, after having beencommitted to the Court for trial, is convicted of a drug traffickingoffence, the Court shall act as follows: (a) the Court shall first determine whether he has

benefited from drug trafficking; (b) if the Court determines that he has so benefited,

the Court shall, before sentencing or otherwisedealing with him in respect of the offence,determine in accordance with section 33 theamount to be recovered by virtue of this section;

(c) the Court shall then in respect of the offenceconcerned—

(i) order him to pay that amount; (ii) take account of the order before— (A) imposing any fine on him;

UNOFFICIAL VERSION





Assessing theproceeds ofdrug trafficking.

(B) making any order involving anypayment by him; or

(C) making any order under section 53; and (iii) subject to subparagraph (ii), leave the

order out of account in determining theappropriate sentence or other manner ofdealing with the defendant.

(3) For the purposes of this Act, a person who has, atany time, whether before or after the commencement of thisAct, received any payment or other reward in connection withdrug trafficking carried on by him or another has benefited fromdrug trafficking. (4) Notwithstanding any written law to the contrarywhere an order is made against an offender under this section, theCourt may, in addition to the making of that order, deal with theoffender in any way it considers appropriate in respect of the drugtrafficking offence for which the order was made. (5) In this Part and in Part VI and Part VII— (a) “confiscation order” means an order made under

subsection (2); (b) “defendant” means a person against whom

proceedings have been instituted for a drugtrafficking offence whether or not he hasbeen convicted.

31. (1) For the purposes of this Act— (a) any payments or other rewards received by a

person at any time whether before or after thecommencement of this Act, in connection withdrug trafficking carried on by him or another arehis proceeds of drug trafficking; and

(b) the value of his proceeds of drug trafficking isthe aggregate of the values of the payments orother rewards.

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L.R.O.

Statementsrelating to drugtrafficking.

(2) The Court may, for the purposes of determiningwhether the defendant has benefited from drug trafficking and,if he has so benefited, of assessing the value of his proceedsof drug trafficking, make the assumptions referred to insubsection (3) except to the extent that any of the assumptionsare shown to be incorrect in the defendant’s case. (3) The assumptions referred to in subsection (2)—

(a) that any property appearing to the Court— (i) to have been held by him at any time since

his conviction; or (ii) to have been transferred to him at any

time since the beginning of the period ofsix years ending when the proceedingswere instituted against him,

was received by him, at the earliest time atwhich he appears to the Court to have held it, asa payment or reward in connection with drugtrafficking carried on by him;

(b) that any expenditure of his since the beginningof that period of six years was met out ofpayments received by him in connection withdrug trafficking carried on by him; and

(c) that, for the purpose of valuing any propertyreceived or assumed to have been received byhim at any time as such a reward, he receivedthe property free of any other interests in it.

(4) For the purposes of assessing the value of thedefendant’s proceeds of drug trafficking in a case where aconfiscation order has previously been made against him, the Courtshall leave out of account any of his proceeds of drug trafficking thatare shown to the Court to have been taken into account indetermining the amount to be recovered under that order.

32. (1) Where— (a) there is tendered to the Court by the Director of

Public Prosecutions a statement as to any matters

UNOFFICIAL VERSION





relevant to the determination whether thedefendant has benefitted from drug traffickingor to the assessment of the value of his proceedsof drug trafficking; and

(b) the defendant accepts to any extent anyallegation in the statement,

the Court may, for the purposes of that determination andassessment, treat his acceptance as conclusive of the matters towhich it relates. (2) Where— (a) a statement is tendered under subsection (1)(a);

and (b) the Court is satisfied that a copy of that

statement has been served on the defendant,the Court may require the defendant to indicate to what extent heaccepts each allegation in the statement and, so far as he does notaccept any such allegation, to indicate any matters he proposes torely on. (3) If the defendant fails in any respect to comply with arequirement under subsection (2) he may be treated for thepurposes of this section as accepting every allegation in thestatement apart from— (a) any allegation in respect of which he has

complied with the requirement; and (b) any allegation that he has benefitted from drug

trafficking or that any payment or other rewardwas received by him in connection with drugtrafficking carried on by him or another.

(4) Where— (a) there is tendered to the Court by the defendant

a statement as to any matters relevant todetermining the amount that might be realised atthe time the confiscation order is made; and

(b) the Director of Public Prosecutions accepts toany extent any allegation in the statement,

UNOFFICIAL VERSION





L.R.O.

Amount to berecovered underconfiscationorder.

Definitionof principalterms used.

the Court may, for the purposes of that determination, treat theacceptance by the prosecutor as conclusive of the matters towhich it relates. (5) An allegation may be accepted or a matter indicatedfor the purposes of this section either— (a) orally before the Court; or (b) in writing to the Court. (6) No acceptance by the defendant under this section

that any payment or other reward was received by him inconnection with drug trafficking carried on by him or anothershall be admissible in evidence in any proceedings for an offence. 33. (1) Subject to subsection (3), the amount to be recoveredin the defendant’s case under the confiscation order shall be theamount the Court assesses to be the value of the defendant’sproceeds of drug trafficking. (2) If the Court is satisfied as to any matter relevant fordetermining the amount that might be realised at the time theconfiscation order is made, whether by an acceptance undersection 32 or otherwise, the Court may issue a certificate givingthe Court’s opinion as to the matters concerned and shall do sowhere subsection (3) applies. (3) If the Court is satisfied that the amount that might berealised at the time the confiscation order is made is less than theamount the Court assesses to be the value of his proceeds of drugtrafficking, the amount to be recovered in the defendant’s caseunder the confiscation order shall be the amount appearing to theCourt to be the amount that might be so realised. 34. (1) In this Act “realisable property” means— (a) any property held by the defendant; and (b) any property held by a person to whom the

defendant has directly or indirectly made a giftcaught by this Act.

(2) Property is not realisable property if any forfeitureorder is in force in respect of the property under any written law.

UNOFFICIAL VERSION





(3) For the purposes of sections 32 and 34 the amountthat might be realised at the time a confiscation order is madeagainst the defendant is— (a) the total of the values at that time of all the

realisable property held by the defendant, less (b) where there are obligations having priority at

that time, the total amounts payable inpursuance of such obligations,

together with the total of the values at that time of all gifts caughtby this Act. (4) Subject to this section, for the purposes of this Actthe value of property, other than cash, in relation to any personholding the property— (a) where any other person holds an interest in the

property, is the market value of the firstmentioned person’s beneficial interest in theproperty, less the amount required to dischargeany encumbrance, other than a charging order,on that interest; and

(b) in any other case, is its market value. (5) Subject to subsection (9), references in this Act tothe value at any time, referred to in subsection (6) as “thematerial time”, of a gift caught by this Act or of any payment orreward are references to— (a) the value of the gift, payment or reward to the

recipient when he received it adjusted to takeaccount of subsequent changes in the value ofmoney; or

(b) where subsection (6) applies, the value therementioned, whichever is the greater.

(6) Subject to subsection (9), if at the material time therecipient holds— (a) the property not being cash, which he

received; or (b) property which, in whole or in part, directly or

indirectly, represents in his hands the propertywhich he received,

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L.R.O.

the value referred to in subsection (5)(b) is the value to him at thematerial time of the property referred to in paragraph (a) or, asthe case may be, of the property referred to in paragraph (b) sofar as it represents the property which he received, butdisregarding in either case any charging order. (7) For the purposes of subsection (3), an obligation has

priority at any time if it is an obligation of the defendant to— (a) pay an amount due in respect of a fine or other

order of a Court, imposed or made on convictionof an offence, where the fine was imposed ororder made before the confiscation order; or

(b) pay any sum which would be included amongthe priority debts in the defendant’s bankruptcycommencing on the date of the confiscationorder or winding up under an order of the Courtmade on that date.

(8) A gift, including a gift made before thecommencement of this Act, is caught by this Act if— (a) it was made by the defendant at any time since

the beginning of the period of six years endingwhen the proceedings were instituted againsthim; or

(b) it was made by the defendant at any time andwas a gift of property—

(i) received by the defendant in connectionwith drug trafficking carried on by him oranother; or

(ii) which in whole or in part directly orindirectly represented in thedefendant’s hands property received byhim in that connection.

(9) For the purposes of this Act— (a) the circumstances in which the defendant is to be

treated as making a gift include those where hetransfers property to another person directly or

UNOFFICIAL VERSION





Application ofprocedure forenforcingorders.

Externalconfiscation andexternalforfeitureorders.[27 of 1994].

indirectly for a consideration the value of whichis significantly less than the value of theconsideration provided by the defendant; and

(b) in circumstances referred to in paragraph (a),the preceding provisions of this section shallapply as if the defendant had made a gift of suchshare in the property as bears to the wholeproperty the same proportion as the differencebetween the values referred to in paragraph (a)bears to the value of the consideration providedby the defendant.

35. Where the defendant fails to pay the amount to berecovered under a confiscation order within a period of threemonths from the date of the confiscation order or such otherperiod as specified by the Court the defendant shall be liable toimprisonment which term shall run consecutively to any otherterm imposed by the Court and which shall not exceed themaximum fixed in the following scale: An amount not exceeding $10,000 … 2 years An amount exceeding $10,000 but

not exceeding $20,000 … 3 years An amount exceeding $20,000 but




not exceeding $1 million … 10 years An amount exceeding $1 million but

not exceeding $2 million … 12 years An amount exceeding $2 million … 15 years

35A. (1) In this section—“Court” means the Supreme Court of Judicature of Trinidad

and Tobago;

UNOFFICIAL VERSION





L.R.O.

“designated country” means a country designated by an Ordermade by the Minister;

“external confiscation order” or “external forfeiture order”, as thecase may be, means an order for confiscation or an order forforfeiture made by a Court of a designated country;

“Minister” means the Minister to whom responsibility for LegalAffairs is assigned.

(2) The Minister may, by Order, declare a country to bea designated country for the purposes of this Act. (3) The Minister may by Order apply this section to anexternal confiscation order or an external forfeiture order madeby a Court of a designated country being an order of a descriptionspecified in the Order. (4) Subject to subsection (5), the Court may, on anapplication by or on behalf of the government of a designatedcountry register an external confiscation order or an externalforfeiture order made there. (5) The Court shall not register an external confiscationorder or an external forfeiture order unless— (a) the Court is satisfied that at the time of

registration the order is in force in thedesignated country and is not subject to appealin that country;

(b) the Court is satisfied, where the person againstwhom the order is made did not appear in theproceedings, that he received notice of theproceedings in sufficient time to enable him todefend them; and

(c) the Court is of the opinion that enforcing theorder in Trinidad and Tobago would not becontrary to the interests of justice.

(6) In subsection (5), “appeal” includes any proceedingsby way of discharging or setting aside a judgment or anapplication for a new trial or a stay of execution. (7) The Court shall cancel the registration of an externalconfiscation order or an external forfeiture order if it appears to

UNOFFICIAL VERSION





Interest onsums to bepaid underconfiscationorders.[27 of 1994].

the Court that the order has been satisfied whether by payment ofthe amount due under the order, by the person against whom theorder is made serving imprisonment in default or otherwise. (8) In relation to an external confiscation order or externalforfeiture order registered under this section, Part VI shall have effectsubject to such modifications as may be specified in an Order madeby the Minister under this section as it has effect in relation to aconfiscation order or a forfeiture order as the case may be. (9) An Order made by the Minister under this section

may include such provision— (a) as to evidence or proof of any matter for the

purpose of this section; (b) as to the circumstances in which proceedings

are to be treated for those purposes as institutedor concluded in a designated country, as theMinister considers expedient.

(10) An Order made by the Minister under this sectionvarying or revoking a previous Order made by the Minister underthis section may contain such incidental, consequential andtransitional provisions as the Minister considers expedient. (11) In any case where the Court is satisfied, on anapplication by or on behalf of the government of a designatedcountry, that proceedings which might result in an externalconfiscation order or an external forfeiture order being madeagainst a person have been instituted in the designated countryand have not been concluded, Part VI shall have effect in relationto those proceedings as they would have effect in relation toproceedings instituted in Trinidad and Tobago against that personfor a drug trafficking offence which has not been concluded.

35B. (1) If any sum required to be paid by a person under aconfiscation order is not paid when it is required to be paid thatperson shall be liable to pay interest on that sum for the period forwhich it remains unpaid and the amount of the interest shall forthe purposes of enforcement be treated as part of the amount tobe recovered from him under the confiscation order.

UNOFFICIAL VERSION





L.R.O.

Increase inrealisableproperty.[27 of 1994].

Seizure anddetention.[27 of 1994].

(2) Where a person fails to pay interest owing undersubsection (1) the High Court may, on the application of theDirector of Public Prosecutions, and in accordance withsection 35, increase the term of imprisonment fixed in respect ofthe default in payment of the amount to be recovered under aconfiscation order.

35C. (1) Where, under section 33(3) the amount which a personis ordered to pay by a confiscation order is the amount assessed tobe the value of his proceeds of drug trafficking the Director ofPublic Prosecutions or a receiver appointed under this Act maymake an application for a certificate under subsection (2). (2) Where, on an application made in accordance with

subsection (1), the High Court is satisfied that the amountthat might be realised in the case of a person referred to insubsection (1) is greater than the amount taken into account inmaking the confiscation order, whether it was greater than wasthought when the order was made or has subsequentlyincreased, the Court shall issue a certificate to that effect givingthe Court’s reasons. (3) Where a certificate has been issued undersubsection (2) the Director of Public Prosecutions may apply tothe Court for an increase in the amount to be recovered under theconfiscation order and on that application the Court may— (a) substitute for that amount such amount, not

exceeding the amount assessed as the valuereferred to in subsection (1), as appears to theCourt to be appropriate having regard to theamount now shown to be realisable; and

(b) increase the term of imprisonment or detentionfixed in respect of the confiscation order.

35D. (1) The senior Customs Officer on duty at the port, at thetime or a police officer of the rank of sergeant or higher may seizeand, in accordance with this section, detain any cash which is beingimported into or exported from Trinidad and Tobago if its amount

UNOFFICIAL VERSION





is not less than the prescribed sum if he has reasonable grounds forsuspecting that it directly or indirectly represents any person’s proceedsof, or is intended by any person for use in, drug trafficking. (2) Cash seized by virtue of this section shall not be

detained for more than ninety-six hours unless its continueddetention is authorised detention authorised by an order made bya Magistrate and no such order shall be made unless theMagistrate is satisfied— (a) that there are reasonable grounds for the

suspicion mentioned in subsection (1); and (b) that continued detention of the cash is justified

while its origin or derivation is furtherinvestigated or consideration is given to theinstitution, whether in Trinidad and Tobago orelsewhere, of criminal proceedings against anyperson for an offence with which the cash isconnected.

(3) Any order under subsection (2) shall authorise thecontinued detention of the cash to which it relates for suchperiod, not exceeding three months beginning with the date of theorder, as may be specified in the order and a Magistrate, ifsatisfied as to the matters mentioned in that subsection, maythereafter from time to time by order authorise the furtherdetention of the cash but so that— (a) no period of detention specified in such an order

shall exceed three months beginning with thedate of the order; and

(b) the total period of detention shall not exceedtwo years from the date of the order undersubsection (2).

(4) Any application for an order under subsection (2)or (3) shall be made by the Comptroller of Customs and Exciseor a police officer or a Magistrate. (5) Any cash subject to continued detention undersubsection (3) shall, immediately upon an order for such detention

UNOFFICIAL VERSION





L.R.O.

being made, be delivered into the care of the Comptroller ofAccounts who shall forthwith deposit it into an interestbearing account. (6) At any time while cash is detained under this section— (a) a Magistrate may direct its release if satisfied— (i) on application made by the person from

whom it was seized or a person by or onwhose behalf it was being imported orexported, that there are no, or are nolonger, any such grounds for its detentionas are mentioned in subsection (2); or

(ii) on an application made by any otherperson, that detention of the cash is notfor that or any other reason justified; and

(b) the Comptroller of Accounts, may release thecash together with any interest that may haveaccrued, if satisfied that its detention is nolonger justified but shall first notify the Justiceof the Peace or Magistrate under whose order itis being detained.

(7) If at a time when any cash is being detained underthis section— (a) an application for its forfeiture is made under

this Act; or (b) proceedings are instituted, whether in Trinidad

and Tobago or elsewhere, against any person foran offence with which the cash is connected,

the cash shall not be released until any proceedings pursuant tothe application or, as the case may be, the proceedings for thatoffence have been concluded. (8) In this section “the prescribed sum” means such sum

in Trinidad and Tobago currency as may be prescribed for thepurposes of this section by an Order made by the Minister to whomresponsibility for National Security is assigned and in determiningunder this section whether an amount of currency other than

UNOFFICIAL VERSION





Cases in whichrestraint ordersand chargingorders maybe made.[27 of 1994].

Trinidad and Tobago currency is not less than the prescribed sumthat amount shall be converted at the prevailing rate of exchange. (9) An Order made under subsection (8) shall be subjectto negative resolution of Parliament.

PART VI

RESTRAINT ORDERS 36. (1) The powers conferred on the Court by sections 37(1)and 41(1) are exercisable where— (a) proceedings have been instituted against the

defendant for a drug trafficking offence; (b) the proceedings have not been concluded; and (c) the Court is satisfied that there is reasonable

cause to believe that the defendant has benefitedfrom drug trafficking.

(2) Those powers are also exercisable where the Courtis satisfied— (a) that an information is to be laid that a person

has committed, or is suspected of havingcommitted, a drug trafficking offence; and

(b) that there is reasonable cause to believe that hehas benefited from drug trafficking.

(3) For the purposes of sections 37 and 38, at any timewhen those powers are exercisable before proceedings havebeen instituted— (a) references in this Act to the defendant shall be

construed as references to the person referred toin subsection (2)(a);

(b) references in this Act to the prosecutor shall beconstrued as references to the person who theCourt is satisfied is to have the conduct of theproposed proceedings; and

(c) references in this Act to realisable property shallbe construed as if, immediately before that time,

UNOFFICIAL VERSION





L.R.O.

Restraint orders.

proceedings had been instituted against theperson referred to in subsection (2)(a) for a drugtrafficking offence.

(4) Where the Court has made an order under section37(1) or 38(1) by virtue of subsection (2), the Court shalldischarge the order if the proposed proceedings are not institutedwithin such time as the Court considers reasonable. (5) The powers referred to in subsection (1) areexercisable, mutatis mutandis, in relation to an externalconfiscation order or an external forfeiture order.

37. (1) The Court may by order, in this Act referred to as a“restraint order”, prohibit any person from dealing with anyrealisable property, subject to such conditions and exceptions asmay be specified in the order. (2) A restraint order may apply— (a) to all realisable property held by a specified

person, whether the property is described in theorder or not; and

(b) to realisable property held by a specified person,being property transferred to him after themaking of the order.

(3) This section shall not have effect in relation to anyproperty for the time being subject to a charge under section 38. (4) A restraint order— (a) may be made only on an application by the

Director of Public Prosecutions; (b) may be made on an ex parte application to a

Judge in Chambers; and (c) shall provide for the notice to be given to

persons affected by the order. (5) A restraint order— (a) may be discharged or varied in relation to any

property; and

UNOFFICIAL VERSION





Charging ordersin respect ofrealisableproperty andsecurities, etc.[27 of 1994].

(b) shall be discharged when proceedings for theoffences are concluded.

(6) An application for the discharge or variation of arestraint order may be made by any person affected by it. (7) Where the Court has made a restraint order, theCourt may, at any time, appoint a receiver— (a) to take possession of any realisable property; and (b) in accordance with the Court’s directions, to

manage or otherwise deal with any property inrespect of which he is appointed,

subject to such exceptions and conditions as may be specified bythe Court, and may require any person having possession ofproperty in respect of which a receiver is appointed under thissection to give possession of it to the receiver. (8) For the purposes of this section, dealing withproperty held by any person includes, without prejudice to thegenerality of the expression— (a) where a debt is owed to that person, making a

payment to any person in reduction of theamount of the debt; and

(b) removing the property from the Territory. (9) Where the Court has made a restraint order, a policeofficer may, for the purpose of preventing any realisable propertybeing removed from the Territory, seize the property. (10) Property seized under subsection (9) shall be dealtwith in accordance with the Court’s directions. 38. (1) The Court may make a charging order on realisableproperty for securing the payment to the State— (a) where a confiscation order has not been made of

an amount equal to the value from time to timeof the property charged; and

(b) where a confiscation order has been made of anamount not exceeding the amount payable underthe confiscation order.

UNOFFICIAL VERSION





L.R.O.

(2) For the purposes of this Act, a charging order is anorder made under this section imposing on any realisableproperty as may be specified in the order a charge for securingthe payment of money to the State. (3) A charging order— (a) may be made only on an application by the

Director of Public Prosecutions; (b) may be made on an ex parte application to a

Judge in Chambers; (c) shall provide for notice to be given to persons

affected by the order; and (d) may be subject to such conditions as the Court

thinks fit and, without prejudice to the generality ofthis paragraph, such conditions as it thinks fit at thetime when the charge is to become effective.

(4) Subject to subsection (6), a charge may be imposedby a charging order only on— (a) any interest in realisable property, being an

interest held beneficially by the defendant or bya person to whom the defendant has directly orindirectly made a gift caught by this Act—

(i) in any asset of a kind mentioned insubsection (5); or

(ii) under any trust; or (b) any interest in realisable property held by a

person as trustee of a trust if the interest is in suchan asset or is an interest under another trust and acharge may by virtue of paragraph (a) beimposed by a charging order on the wholebeneficial interest under the first mentioned trust.

(5) The assets referred to in subsection (4) are— (a) land in the Territory; or (b) securities of any of the following kinds— (i) government stock; (ii) securities of any body incorporated within

the Territory;

UNOFFICIAL VERSION





Ch. 8:09.

Realisationof property.

(iii) securities of any body incorporatedoutside the Territory or of any country orterritory outside the Territory being stockregistered in a register kept at any placewithin the Territory;

(iv) units of any unit trust in respect of whicha register of the unitholders is kept at anyplace within the Territory;

(v) foreign securities transferable by deliverywhich are in the Territory.

(6) In any case where a charge is imposed by a chargingorder on any interest in an asset of a kind mentioned insubsection (5)(b), the Court may provide for the charge to extendto any interest or dividend payable in respect of the asset. (7) The Court may make an order discharging orvarying the charging order and shall make an order dischargingthe charging order if the proceedings for the offence areconcluded or the amount, payment of which is secured by thecharge is paid into Court. (8) The Remedies of Creditors Act shall apply in relation tocharging orders as they apply in relation to orders issued or made forthe purpose of enforcing judgment and lis pendens. (9) An application for the discharge or variation of acharging order may be made by any person affected by it. 39. (1) Where in proceedings instituted for a drug traffickingoffence a confiscation order that is not subject to appeal is made, andthe proceedings have not been concluded, on an application by theDirector of Public Prosecutions, the Court may— (a) appoint a receiver in respect of realisable property; (b) empower a receiver appointed under

subparagraph (a), section 37 or in pursuance ofa charging order—

(i) to enforce any charge imposed undersection 38 on realisable property or oninterest or dividends payable in respect ofsuch property;

UNOFFICIAL VERSION





L.R.O.

Application ofproceeds ofrealisation andother sums.

(ii) in relation to any realisable propertyother than property for the time beingsubject to a charge under section 38, totake possession of the property subject tosuch conditions or exceptions as may bespecified by the Court;

(c) order any person having possession ofrealisable property to give possession of it toany such receiver;

(d) empower any such receiver to realise anyrealisable property in such manner as the Courtmay direct;

(e) order any person holding an interest inrealisable property to make such payment to thereceiver in respect of any beneficial interest heldby the defendant or, as the case may be, therecipient of a gift caught by this Act as the Courtmay direct and, on the payment being made, byorder, transfer, grant or extinguish any interestin the property.

(2) Subsection (1)(c) to (e) do not apply to property forthe time being subject to a charge under section 38. (3) The Court shall not in respect of any propertyexercise the powers conferred by paragraph (b)(i), (d) or (e) ofsubsection (1) unless a reasonable opportunity has been given forpersons holding any interest in the property to makerepresentations to the Court.

40. (1) Subject to subsection (2), the following sums in thehands of a receiver appointed under section 37 or 39 or inpursuance of a charging order, that is: (a) the proceeds of the enforcement of any charge

imposed under section 38; (b) the proceeds of the realisation, other than by the

enforcement of such a charge, of any propertyunder section 37 or 38; and

UNOFFICIAL VERSION





Exercise ofpowers byCourt orreceiver.

(c) any other sums, being property held by thedefendant,

shall, after such payments, if any, as the Court may direct, havebeen made out of those sums, be applied on the defendant’sbehalf towards the satisfaction of the confiscation order. (2) If, after the amount payable under the confiscationorder has been fully paid, any sums remain in the hands of thereceiver, the receiver shall distribute those sums among such ofthose who held property which has been realised under this Act,and in such proportions as the Court may direct after givingreasonable opportunity for such persons to make representationsto the Court. (3) The receipt of any sum by the Court on account of anamount payable under a confiscation order shall reduce theamount so payable, but the sum shall be applied as follows: (a) if paid by a receiver under subsection (1), it

shall first be applied in payment of hisremuneration and expenses;

(b) subject to paragraph (a), it shall be applied inreimbursement of any sums paid by the Stateunder section 45(2),

and the balance shall be treated as if it were a fine imposed bythe Court. 41. (1) This section applies to the powers conferred on theCourt by sections 37 to 40, or on a receiver appointed undersection 37 or 39 or in pursuance of a charging order. (2) Subject to this section, the powers referred to insubsection (1) shall be exercised with a view to making availablefor satisfying the confiscation order or, as the case may be, anyconfiscation order that may be made in the defendant’s case thevalue for the time being of realisable property held by any personby the realisation of such property. (3) In the case of realisable property held by a person towhom the defendant has directly or indirectly made a gift caughtby this Act, the powers shall be exercised with a view to realising

UNOFFICIAL VERSION





L.R.O.

Variation ofconfiscationorders.

no more than the value for the time being of the gift together withall costs incurred in such realisation. (4) An order may be made or other action taken inrespect of a debt owed by the State. (5) In exercising those powers, no account shall be

taken of any obligations of the defendant or of the recipient ofany such gift which conflict with the obligation to satisfy theconfiscation order. 42. (1) If, on an application by the defendant in respect of aconfiscation order, the Court is satisfied that the realisableproperty is inadequate for the payment of any amount remainingto be recovered under the order the Court shall issue a certificateto that effect, giving the Court’s reasons. (2) For the purposes of subsection (1)— (a) in the case of realisable property held by a

person who has been adjudged bankrupt theCourt shall take into account the extent to whichany property held by him may be distributedamong creditors; and

(b) the Court may disregard any inadequacy in therealisable property which appears to the Courtto be attributable wholly or partly to anythingdone by the defendant for the purpose ofpreserving any property, held by a person towhom the defendant had directly or indirectlymade a gift caught by this Act from any risk ofrealisation under this Act.

(3) Where a certificate has been issued undersubsection (1), the defendant may apply to the Court for theamount to be recovered under the order to be reduced. (4) The Court shall, on an application under

subsection (3)— (a) substitute for the amount to be recovered under

the order such lesser amount as the Court thinksjust in all the circumstances of the case; and

UNOFFICIAL VERSION





Bankruptcyof defendant.

Ch. 9:70.

Winding up ofcompanyholdingrealisableproperty.

(b) substitute for the term of imprisonment or ofdetention in respect of the amount to berecovered under the order such shorter term inrespect of the lesser amount as the Court thinksjust in all the circumstances of the case.

43. (1) Where a person who holds realisable property isadjudged bankrupt— (a) property for the time being subject to a restraint

order made before the order adjudging himbankrupt; and

(b) any proceeds of property realised by virtue ofsection 37(7) or 39(1)(d) or (e) for the timebeing in the hands of a receiver appointed undersection 37 or 39,

are excluded from the bankrupt’s estate for the purpose of theBankruptcy Act. (2) Where a person has been adjudged bankrupt, thepowers conferred on the Court by sections 37 to 40 shall not beexercised in relation to property for the time being comprised inthe bankrupt’s estate for the purpose of sections 37 to 40.

44. (1) Where realisable property is held by a company andan order for the winding up of the company has been made or aresolution has been passed by the company for the voluntarywinding up, the functions of the liquidator shall not beexercisable in relation to— (a) property for the time being subject to a restraint

order made before the relevant time; and (b) any proceeds of property realised by virtue of

section 37(7) or 39(1)(d) or (e) for the timebeing in the hands of a receiver appointed undersection 37 or 38,

but there shall be payable out of such property any expenses,including the remuneration of the liquidator, properly incurred inthe winding up in respect of the property.

UNOFFICIAL VERSION





L.R.O.

Ch. 81:01.

(2) Where, in the case of a company, such an order hasbeen made or such a resolution has been passed, the powersconferred on the Court by sections 37 to 40 or on a receiver soappointed shall not be exercised in relation to which the functionsof the liquidator are exercisable— (a) so as to inhibit him from exercising those

functions for the purpose of distributing anyproperty held by the company to the company’screditors; or

(b) so as to prevent the payment out of any propertyof expenses, including the remuneration of theliquidator, properly incurred in the winding upin respect of the property.

(3) Subsection (2) does not affect the enforcement of acharging order made before the relevant time or on propertywhich was subject to a restraint order at the relevant time. (4) Nothing in the Companies Act shall be taken asrestricting or enabling the restriction of the exercise of powersunder this section. (5) In this section—“company” means any company which may be wound up under

the Companies Act; and“the relevant time” means— (a) where no order for the winding up of the

company has been made, the time of the passingof the resolution for voluntary winding up;

(b) where such an order has been made and, beforethe presentation of the petition for the windingup of the company by the Court, such aresolution had been passed by the company, thetime of the passing of the resolution; and

(c) in any other case where such an order has beenmade, the time of the making of the order.

UNOFFICIAL VERSION





Receiverssupplementaryprovisions.

Compensation.[27 of 1994].

45. (1) Where a receiver appointed under section 37 or 39or in pursuance of a charging order takes any action— (a) in relation to property which is not realisable

property, being action which he would beentitled to take if it were such property;

(b) believing, and having reasonable grounds forbelieving, that he is entitled to take that action inrelation to that property,

he shall not be liable to any person in respect of any loss ordamage resulting from his action except in so far as the loss ordamage is caused by his negligence. (2) Any amount due in respect of the remuneration andexpenses of a receiver shall be paid by the State— (a) where a receiver is appointed under section 37

or 39 or in pursuance of a charging order and nosum is available to be applied in payment of itunder section 40(3)(a); or

(b) where proceedings for a drug trafficking offenceare not instituted.

46. (1) If proceedings are instituted against a person for adrug trafficking offence and either— (a) the proceedings do not result in his conviction or

convictions for any drug trafficking offence, or (b) where he is convicted of one or more drug

trafficking offences the convictions concernedare quashed, and no conviction for any drugtrafficking offence is substituted,

the Court may, on an application by a person who held propertywhich was realisable property, order compensation to be paid tothe applicant, if having regard to all the circumstances, itconsiders it appropriate to make such an order. (2) The Court shall not order compensation to be paid inany case unless the Court is satisfied— (a) that there has been some serious default on the

part of a person concerned in the investigation

UNOFFICIAL VERSION





L.R.O.

Offencesrelating to theproceeds ofdrug trafficking.[27 of 1994].

or prosecution of the offence or offencesconcerned, and that, but for the default, theproceedings would not have been instituted orcontinued;

(b) that the applicant has suffered substantial loss inconsequence of anything done in relation to theproperty by or in pursuance of an order of theCourt under sections 37 to 39; or

(c) that the proceedings would have been institutedor continued if the serious default had notoccurred.

(3) The amount of compensation to be paid under thissection shall be such as the Court thinks just in all thecircumstances of the case.

47. (1) A person is guilty of an offence if he— (a) conceals or disguises any property which is, or

which, in whole or in part directly or indirectlyrepresents, his proceeds of drug trafficking; or

(b) converts, transfers or disposes of that propertyor removes it from the jurisdiction,

for the purpose of avoiding prosecution for a drug traffickingoffence or the making or enforcement in his case of aconfiscation order or a forfeiture order. (2) A person is guilty of an offence if, knowing orhaving reasonable grounds to suspect that any property is, or inwhole or in part directly or indirectly represents, another person’sproceeds of drug trafficking, he— (a) conceals or disguises that property; or (b) converts, transfers or disposes of that property

or removes it from the jurisdiction,for the purpose of assisting any person to avoid prosecution for adrug trafficking offence or the making or enforcement of aconfiscation order or a forfeiture order.

UNOFFICIAL VERSION





(3) A person is guilty of an offence who conceals,disposes, disguises, transfers, brings into Trinidad and Tobago orremoves from Trinidad and Tobago any money or other propertyknowing or having reasonable grounds to suspect that the moneyor other property is derived, obtained or realised, directly orindirectly from drug trafficking. (4) A person is guilty of an offence if, knowing orhaving reasonable grounds to suspect that any money or otherproperty is, or in whole or in part directly or indirectly representsanother person’s proceeds of drug trafficking, he receives,possesses or converts that money or other property. (5) It is a defence to a charge of committing an offenceunder subsection (4) that the person charged acquired theproperty for adequate consideration. (6) The provision for any person of services or goodswhich are of assistance to him in drug trafficking shall not betreated as consideration for the purposes of subsection (5). (7) Where a person discloses to a police officer asuspicion or belief that any property is, or in whole or in partdirectly or indirectly represents, another person’s proceeds ofdrug trafficking, or discloses to a police officer any matter onwhich such a suspicion or belief is based the disclosure shall notbe treated as a breach of any restriction upon the disclosure ofinformation imposed by contract or by any enactment, regulation,rule of conduct or other provision. (8) Where a person who has made a disclosure undersubsection (7) does any act in relation to the property incontravention of subsection (3) or (4) he does not commit anoffence under this section if— (a) the disclosure is made before he does the act

concerned and the act is done with the consentof the police officer; or

(b) the disclosure is made after he does the act, buton his initiative and as soon as it is reasonablefor him to make it.

UNOFFICIAL VERSION





L.R.O.

(9) For the purposes of subsection (7), havingpossession of any property shall be taken to be doing an act inrelation to it. (10) In proceedings against a person for an offenceunder this section, it is a defence to prove that— (a) he intended to disclose to a police officer such a

suspicion, belief or matter as is mentioned insubsection (7); and

(b) there is reasonable excuse for his failure tomake the disclosure in accordance withsubsection (7).

(11) In the case of a person who was in employment atthe relevant time, subsections (7) and (9) shall have effect inrelation to disclosures and intended disclosures to theappropriate person in accordance with the procedure establishedby his employer for the making of such disclosures as they haveeffect in relation to disclosures, and intended disclosures, to apolice officer. (12) No police officer or other person shall be guilty ofan offence under this section in respect of anything done by himin the course of acting in connection with the enforcement, orintended enforcement, of any provision of this Act or of anywritten law relating to drug trafficking or the proceeds of suchtrafficking, if the Court is satisfied that the act was done in goodfaith and there were reasonable grounds for doing it. (13) A person guilty of an offence under this sectionis liable— (a) on summary conviction to a fine of fifty thousand

dollars and to imprisonment for five years; (b) on conviction on indictment to a fine of one

hundred thousand dollars or the value of theproceeds of the drug trafficking whichever isgreater and to imprisonment for ten years.

UNOFFICIAL VERSION





Order to makematerialavailable.

PART VIIINVESTIGATIONS INTO DRUG TRAFFICKING

48. (1) A police officer may, for the purpose of aninvestigation into drug trafficking, apply to a Judge in Chambersfor an order under subsection (2). (2) If on such application the Judge is satisfied that theconditions in subsection (4) are fulfilled he may make an order— (a) that the person who appears to him to be in

possession of particular material or material of aparticular description to which the applicationrelates shall—

(i) produce it to a police officer for him totake away;

(ii) give a police officer access to it; or (b) that the person being a relative or associate of

such person shall within such period as the ordermay specify make a statutory declaration—

(i) identifying each item of property, whetherwithin or outside the Territory, belongingto or possessed by such person;

(ii) identifying each property sent out of theTerritory by such persons during suchperiod as may be specified in the notice;

(iii) setting out the estimated value and locationof each of the properties identified undersubparagraphs (i) and (ii);

(iv) stating in respect of each of the propertiesidentified under subparagraphs (i) and (ii)whether the property is held by suchperson or by any other person on hisbehalf, whether it has been transferred,sold to, or kept with any other person.

(3) The period to be specified in an order undersubsection (2) shall be seven days unless it appears to the Judgethat a longer or shorter period would be appropriate in theparticular circumstances of the application.

UNOFFICIAL VERSION





L.R.O.

(4) The conditions referred to in subsection (2) are— (a) that there are reasonable grounds for suspecting

that a specified person has carried on or hasbenefited from drug trafficking;

(b) that there are reasonable grounds for suspectingthat the material or the declaration to which theapplication relates—

(i) is likely to be of substantial value, whetherby itself or together with other material, tothe investigation for the purpose of whichthe application is made; and

(ii) the material does not consist of or includeitems subject to legal privilege orexcluded material; and

(c) that there are reasonable grounds for believingthat it is in the public interest, having regard to—

(i) the benefit likely to accrue to theinvestigation if the material is obtained orthe declaration made; and

(ii) the circumstances under which the personin possession of the material holds it, orthe relationship or dealings of the personrequired to make the declaration withthe specified person referred to insubparagraph (a),

that the material should be produced or that access to it should begiven or that the declarations be made. (5) Where the Judge makes an order under subsection

(2)(b) in relation to material on any premises, he may, on theapplication of a police officer, order any person who appears tohim to be entitled to grant entry to the premises, to allow a policeofficer to enter the premises to obtain access to the material. (6) Provision may be made by Rules of Court as to— (a) the discharge and variation of orders under this

section; and (b) proceedings relating to such orders.

UNOFFICIAL VERSION





Ch. 81:01.

(7) Where the material to which an application under thissection relates consists of information contained in a computer— (a) an order under subsection (2)(a)(i) shall have

effect as an order to produce the material in aform in which it can be taken away and in whichit is visible and legible; and

(b) an order under subsection (2)(a)(ii) shall haveeffect as an order to give access to the materialin a form in which it is visible and legible.

(8) An order under subsection (2)— (a) shall not confer any right to production of, or

access to or disclosure of, items subject to legalprivilege or excluded material;

(b) shall have effect notwithstanding any obligationas to secrecy or other restriction upon thedisclosure of information imposed by statute orotherwise; and

(c) may be made in relation to material in thepossession of a government department.

(9) In this section—“associate” in relation to a person includes— (a) any person who was or is residing in the

residential premises (including appurtenances)of such person;

(b) any person who was or is an agent or nomineeof such person;

(c) any person who was or is managing the affairsof keeping the accounts of such person;

(d) any partnership firm of which such person, oragent or nominee of his, is or was a partner ora person in charge or control of its businessor affairs;

(e) any company within the meaning of theCompanies Act, of which such person, or anyagent or nominee of his, was or is a director or

UNOFFICIAL VERSION





L.R.O.

Authority forsearch.

had been or is in charge of or control of itsbusiness or affairs, or in which such person,together with any agent or nominee of his, hasor had held shares to the total value of not lessthan ten per centum of the total issued capital ofthe company;

(f) any person who was or is keeping the accountsof any partnership firm or corporation referredto in paragraph (d) or (e);

(g) the trustee of any trust, where— (i) the trust was created by such person; or (ii) the total value of the assets contributed by

such person to the trust at any time,whether before or after the creation of thetrust, amounts, or had amounted, at anytime, to not less than twenty per centumof the total value of the assets of the trust;

(h) any person who has in his possession anyproperty belonging to such person; and

(i) any person who is indebted to such person;“relative”, in relation to a person, means— (a) spouse of the person; (b) brother or sister of the person; (c) brother or sister of the spouse of the person; (d) any lineal ascendant or descendant of the person; (e) any lineal ascendant or descendant of the spouse

of the person; (f) spouse of a person referred to in paragraph (b),

(c), (d) or (e); (g) any lineal descendant of a person referred to in

paragraph (b) or (c).

49. (1) A police officer may, for the purpose of aninvestigation into drug trafficking, apply to a Judge for a warrantunder this section in relation to specified premises.

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(2) On such application the Judge may issue a warrantauthorising a police officer to enter and search the premises if heis satisfied— (a) that an order made under section 48 in relation

to material on the premises has not beencomplied with;

(b) that the conditions in subsection (3) arefulfilled; or

(c) that the conditions in subsection (4) are fulfilled. (3) The conditions referred to in subsection (2)(b) are— (a) that there are reasonable grounds for suspecting

that a specified person has carried on or hasbenefited from drug trafficking;

(b) that the conditions in section 48(4)(b) and (c)are fulfilled in relation to any material on thepremises; and

(c) that it would not be appropriate to make anorder under that section in relation to thematerial because—

(i) it is not practicable to communicate withany person entitled to produce the material;

(ii) it is not practicable to communicate with anyperson entitled to grant access to the materialor entitled to grant entry to the premises onwhich the material is situated; or

(iii) the investigation for the purposes ofwhich the application is made might beseriously prejudiced unless a policeofficer could secure immediate access tothe material.

(4) The conditions referred to in subsection (2)(c) are— (a) that there are reasonable grounds for suspecting

that a specified person has carried on or hasbenefited from drug trafficking; and

(b) that there are reasonable grounds for suspectingthat there is on the premises material relating to

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L.R.O.

the specified person or to drug traffickingwhich is likely to be of substantial value,whether by itself or together with other material,to the investigation for the purpose of which theapplication is made, but that the materialcannot at the time of the application beparticularised; and

(c) that— (i) it is not practicable to communicate with

any person entitled to grant entry to thepremises;

(ii) entry to the premises will not be grantedunless a warrant is produced; or

(iii) the investigations for the purpose ofwhich the application is made might beseriously prejudiced unless a policeofficer arriving at the premises couldsecure immediate entry to them.

(5) Where a police officer has entered premises in theexecution of a warrant issued under this section, he may seize andretain any material, other than items subject to legal privilege andexcluded material, which is likely to be of substantial value,whether by itself or together with other material, to theinvestigation for the purpose of which the warrant was issued. (6) The person to whom a search warrant is issued shallfurnish a report in writing to the Judge who issued the warrant— (a) stating whether or not the warrant was executed; (b) if the warrant was executed, setting out briefly

the result of the execution of the warrantincluding a brief description of anything seized;

(c) if the warrant was not executed, setting out brieflythe reasons why the warrant was not executed.

(7) A report with respect to a search warrant shall be madewithin ten days after the execution of the warrant or the expiry ofthe warrant whichever first occurs and if the Judge who issued the

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Supplementaryprovisions tosections 48and 49.

search warrant died, has ceased to be a Judge or is absent, thereport shall be furnished to the Chief Justice.

50. (1) Subject to subsection (2), in sections 48 and 49“items subject to legal privilege” means— (a) communications between a professional legal

adviser and his client made in connection withthe giving of legal advice to the client;

(b) communications between a professional legaladviser and his client or between such an adviseror his client made in connection with or incontemplation of legal proceedings and for thepurposes of such proceedings; and

(c) items enclosed with or referred to in suchcommunications and made—

(i) in connection with the giving of legaladvice; or

(ii) in connection with or in contemplation oflegal proceedings and for the purposes ofsuch proceedings,

when they are in the possession of a person who is entitled topossession of them. (2) Items held with the intention of furthering a criminalpurpose are not items subject to legal privilege. (3) Subject to subsections (4) and (5), in sections 48 and49 “excluded material” means— (a) personal records which a person has acquired

or created in the course of any trade, business,profession or other occupation or for thepurposes of any paid or unpaid office and whichhe holds in confidence;

(b) human tissue or tissue fluid which has been takenfor the purpose of diagnosis or medical treatmentand which a person holds in confidence;

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L.R.O.

(c) journalistic material which a person holds inconfidence and which consists—

(i) of documents; or (ii) of records other than documents. (4) A person holds material other than journalisticmaterial in confidence for the purposes of this section if he holdsit subject— (a) to an express or implied undertaking to hold it in

confidence; or (b) to a restriction on disclosure or an obligation of

secrecy contained in any enactment, includingan enactment contained in an Act of Parliamentpassed after this Act.

(5) A person holds journalistic material in confidencefor the purpose of this section if— (a) he holds it subject to such an undertaking,

restriction or obligation; and (b) it has been continuously held, by one or more

persons, subject to such an undertaking,restriction or obligation since it was first acquiredor created for the purposes of journalism.

(6) Subject to subsection (7), in this Act “journalisticmaterial” means material acquired or created for the purposesof journalism. (7) Material is only journalistic material for thepurposes of this Act if it is in the possession of a person whoacquired or created it for the purposes of journalism. (8) A person who receives material from someonewho intends that the recipient shall use it for the purpose ofjournalism is to be taken to have acquired it for those purposes. (9) In sections 48 and 49 “premises” includes any placeand, in particular, includes— (a) any vehicle, vessel, aircraft; (b) any offshore installation; and (c) any tent or movable structure.

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Disclosure ofinformation heldby governmentdepartments.

51. (1) Subject to subsection (4), the Court may on anapplication by the Director of Public Prosecutions order anymaterial mentioned in subsection (3) which is in the possessionof a government department to be produced to the Court withinsuch period as the Court may specify. (2) The power to make an order under subsection (1) is

exercisable if— (a) the powers conferred on the Court by

sections 37(1) and 41(1) are exercisable byvirtue of section 36(1); or

(b) those powers are exercisable by virtue ofsection 36(2) and the Court has made arestraint or charging order which has notbeen discharged,

but where the power to make an order under subsection (1) isexercisable by virtue only of paragraph (b), section 36(3) shallapply for the purposes of this section as it applies for the purposesof sections 37 and 38. (3) The material referred to in subsection (1) is anymaterial which— (a) has been submitted to an officer of a

government department by the defendant or bya person who has at any time held propertywhich was realisable property;

(b) has been made by an officer of a governmentdepartment in relation to the defendant or aperson, referred to in paragraph (a); or

(c) is correspondence which passed between anofficer of a government department and thedefendant or a person, referred to in paragraph (a),

and an order under that subsection may require the production ofall such material or of a particular description of such material,being material in the possession of the department concerned. (4) An order under subsection (1) shall not require theproduction of any material unless it appears to the Court that the

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L.R.O.

material is likely to contain information that would facilitatethe exercise of the powers conferred on the Court by sections 37and 39 or on a receiver appointed under section 37 or 39, or inpursuance of a charging order. (5) The Court may by order authorise the disclosure to

such a receiver of any material produced under subsection (1) orany part of such material but the Court shall not make an orderunder this subsection unless a reasonable opportunity has beengiven for an officer of the department to make representations tothe Court. (6) Material disclosed in pursuance of an order undersubsection (5) may, subject to any conditions contained in theorder, be further disclosed for the purposes of the functions underthis Act of the receiver or the Court. (7) The Court may, by order, authorise the disclosure toa person mentioned in subsection (8) of any material producedunder subsection (1) or any part of such material but the Courtshall not make an order under this subsection unless— (a) a reasonable opportunity has been given for an

officer of the department to makerepresentations to the Court; and

(b) it appears to the Court that the material is likelyto be of substantial value in exercising functionsrelating to drug trafficking.

(8) The persons referred to in subsection (7) are— (a) a police officer; and (b) the Director of Public Prosecutions or his

nominee. (9) Material disclosed in pursuance of an order undersubsection (7) may, subject to any conditions contained in theorder, be further disclosed for the purpose of functions relating todrug trafficking. (10) Material may be produced or disclosed in pursuanceof this section notwithstanding any obligation as to secrecy or otherrestriction upon the disclosure of information imposed bystatute or otherwise.

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Offence ofprejudicinginvestigation.

(11) An order under subsection (1) and, in the case ofmaterial in the possession of a government department, an orderunder section 48(2) may require any officer of the department,whether named in the order or not, who may for the time beingbe in possession of the material concerned to comply with it, andsuch an order shall be served as if the proceedings were civilproceedings against the department. (12) The person on whom such an order is served— (a) shall take all reasonable steps to bring it to the

attention of the officer concerned; and (b) if the order is not brought to that officer’s attention

within the period referred to in subsection (1), shallreport the reasons for the failure to the Court,

and it shall also be the duty of any other officer of the departmentin receipt of the order to take such steps as are mentioned inparagraph (a). 52. (1) Where, in relation to an investigation into drugtrafficking, an order under section 48 has been made or has beenapplied for and has not been refused or a warrant undersection 49 has been issued, a person who, knowing or suspectingthat the investigation is taking place, makes any disclosure whichis likely to prejudice the investigation is guilty of an offence. (2) In proceedings against a person for an offence underthis section, it is a defence to prove— (a) that he did not know or suspect that the disclosure

was likely to prejudice the investigation; or (b) that he had lawful authority or reasonable

excuse for making the disclosure. (3) A person who is guilty of an offence under thissection shall be liable— (a) on summary conviction to a fine of two thousand

dollars and to imprisonment for two years; and (b) on conviction on indictment to a fine of five

thousand dollars and to imprisonment forfive years.

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L.R.O.

Forfeitureorders.[27 of 1994].

PART VIIIFORFEITURE ORDERS

53. (1) Where a person is convicted of a drug traffickingoffence and the Court by or before which he is convicted issatisfied that any property which was in his possession or underhis control at the time of his apprehension— (a) has been used for the purpose of committing a

drug trafficking offence; (b) has been used for the purpose of facilitating the

commission of a drug trafficking offence; or (c) was intended by him to be used for the purpose

of committing a drug trafficking offence,the Court may make an order for forfeiture of that property underthis section. (2) Facilitating, the commission of an offence shall betaken for the purpose of this section to include the taking of anysteps after it has been committed for the purpose of disposing ofany property to which it relates or of avoiding apprehensionor detection. (3) Where, upon application made by the Director of

Public Prosecutions, the Court determines that propertyidentified in the application constitutes the proceeds of drugtrafficking and is satisfied that the property— (a) forms part of or represents the estate of a

deceased person; or (b) has been abandoned,the Court may make an order for forfeiture of that property underthis section. (4) In making its determination— (a) under subsection (3)(a) the Court shall consider

any representations made by a personalrepresentative, beneficiary, or other relevant partyregarding the estate of the deceased person;

(b) under subsection (3)(b) the Court shall do so onemonth after notice of the application made bythe Director of Public Prosecutions has beenadvertised in a daily newspaper.

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DANGEROUS DRUGS (DESIGNATED COUNTRY) ORDERmade under section 35A

WHEREAS it is provided by section 35A of the Dangerous DrugsAct, that the Minister may by Order declare a country to bea designated country for the purposes of the Act:

And whereas it is expedient for the Minister to declare theUnited States of America a designated country:

Now, therefore, the Minister in exercise of the powersconferred on her by section 35A of the Act, hereby declares asfollows:

1. This Order may be cited as the Dangerous Drugs(Designated Country) Order.

2. The United States of America is hereby declared adesignated country, for the purposes of the Act.

65/1997.

Preamble.

Citation.

Designation.

SUBSIDIARY LEGISLATION

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[Subsidiary](APPENDIX) Dangerous Drugs Chap. 11:25 89


L.R.O.

DANGEROUS DRUGS (SEIZURE AND DETENTION—PRESCRIBED SUM) ORDER

made under section 35D

WHEREAS it is provided by section 35D of the Dangerous DrugsAct, that the Senior Customs Officer on duty or a police officerof the rank of sergeant or higher may seize and detain any cashwhich is being imported into or exported from Trinidad andTobago if its amount is not less than the prescribed sum if he hasreasonable grounds for suspecting that it directly or indirectlyrepresents any person’s proceeds of, or is intended by any personfor use in, drug trafficking:

And whereas it is also provided by subsection (8) ofsection 35D that “the prescribed sum” means such sum inTrinidad and Tobago currency as may be prescribed for thepurposes of that section by an Order made by the Minister towhom responsibility for National Security is assigned:

Now, therefore, the Minister in exercise of the powersconferred on him by section 35D of the Act, hereby declares asfollows:

1. This Order may be cited as the Dangerous Drugs(Seizure and Detention—Prescribed Sum) Order.

2. It is hereby declared that the prescribed sum is twentythousand dollars in Trinidad and Tobago currency.

175/1997.

Preamble.

Citation.

Prescribed sum.

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[Subsidiary]90 Chap. 11:25 Dangerous Drugs (APPENDIX)


DANGEROUS DRUGS (REGISTRATION OFEXTERNAL CONFISCATION AND EXTERNAL

FORFEITURE ORDERS) ORDER

ARRANGEMENT OF CLAUSES

CLAUSE 1. Title, Commencement and Extent. 2. Interpretation. 3. Designation of and application of the Act to countries. 4. Proof of order and judgments of Court in a designated country. 5. Evidence in relation to proceedings and orders in a designated

country. 6. Representation of a designated country. 7. Currency conversion.

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L.R.O.

235/1999.

Preamble.

Title,Commencementand Extent.

Interpretation.

DANGEROUS DRUGS (REGISTRATION OFEXTERNAL CONFISCATION AND EXTERNAL

FORFEITURE ORDERS) ORDERmade under section 35A

WHEREAS it is provided by section 35A of the Dangerous DrugsAct that the Minister may by Order apply section 35A of theDangerous Drugs Act, to an external confiscation order or anexternal forfeiture order made by a Court of a designated country:

And whereas it is expedient for the Minister to makeprovision for the registration of external confiscation orders andexternal forfeiture orders made in a country designated pursuantto section 35A of the Act: Now, therefore, the Minister in the exercise of the powersconferred by section 35A(3) and (9) of the Dangerous Drugs Actis pleased to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Dangerous Drugs(Registration of External Confiscation and External ForfeitureOrders) Order.

2. In this Order—“the Act” means the Dangerous Drugs Act;“designated country” means any country designated under

paragraph 3(1) of this Order or by any Order made by theMinister under section 35A(2) of the Act declaring a countryto be a designated country for the purposes of the Act;

“appropriate authority of a designated country” means anauthority specified against the name of that country inSchedule 1 to this Order or in any Order made by theMinister under section 35A(2) of the Act declaring a countryto be a designated country for the purposes of the Act;

“a Court of a designated country” includes a Court of any Stateor territory of a designated country.

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Dangerous Drugs (Registration of External Confiscation andExternal Forfeiture Orders) Order



Designation ofand applicationof the Act tocountries.

Proof of orderand judgmentsof Court in adesignatedcountry.

Evidence inrelation toproceedingsand orders ina designatedcountry.

3. (1) This Order shall apply to any country designatedbefore or after the coming into force of this Order. (2) In relation to a designated country, section 35A of theAct shall apply to external confiscation orders or external forfeitureorders and to proceedings which have been or are to be instituted inthe designated country which may result in an external confiscationorder or an external forfeiture order being made there, and,accordingly, in relation to such orders and such proceedings.

4. (1) For the purposes of section 35A(5) and (9) of the Act— (a) any order made or judgment given by a Court in

a designated country purporting to bear the sealof that Court or to be signed by any person in hiscapacity as a Judge, Magistrate or officer of theCourt, shall be deemed without further proof tohave been duly sealed or, as the case may be, tohave been signed by that person; and

(b) a document, duly authenticated, which purportsto be a copy of any order made or judgmentgiven by a Court in a designated country shall bedeemed without further proof to be a true copy.

(2) A document purporting to be a copy of any ordermade or judgment given by a Court in a designated country isduly authenticated for the purpose of paragraph (1)(b) above if itpurports to be certified by any person in his capacity as a Judge,Magistrate or officer of the Court in question or by or on behalfof the appropriate authority of the designated country.

5. (1) For the purposes of section 35A(5) and (9) of the Acta certificate purporting to be issued by or on behalf of theappropriate authority of a designated country stating— (a) that proceedings have been instituted and have

not been concluded, or that proceedings are tobe instituted there;

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L.R.O.

(b) that an external confiscation order or an externalforfeiture order, as the case may be, is in forceand is not subject to appeal;

(c) that all or a certain amount of the sum payableunder a confiscation order or an externalforfeiture order remains unpaid in the designatedcountry, or that other property recoverablethereunder remains unrecovered there;

(d) that any person has been notified of anyproceedings in accordance with the law of thedesignated country; or

(e) that an order (however described) made by a Courtof the designated country has the purpose ofrecovering payments or other rewards received inconnection with drug trafficking or their value,

shall, in any proceedings in the High Court, be admissible asevidence of the facts so stated. (2) In any such proceedings a statement contained in adocument, duly authenticated, which purports to have beenreceived in evidence or to be a copy of a document so received,or to set out or summarise evidence given in proceedings in aCourt in a designated country, shall be admissible as evidence ofany fact stated therein. (3) A document is duly authenticated for the purposes ofparagraph (2) above if it purports to be certified by any person inhis capacity as a Judge, Magistrate or officer of the Court in thedesignated country, or by or on behalf of the appropriateauthority of the designated country, to have been received inevidence or to be a copy of a document so received, or, as thecase may be, to be the original document containing orsummarising the evidence or a true copy of that document. (4) Nothing in this article shall prejudice the admission

of any evidence, whether contained in any document orotherwise, which is admissible apart from this article.

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Designated Country Appropriate Authority

United States of America … The Attorney General of the United Statesof America or any Official designated bythe Attorney General

Representationof a designatedcountry.

Currencyconversion.

6. A request for assistance by the appropriate authority ofa designated country shall, unless the contrary is shown, bedeemed to constitute the authority of the government of thatcountry for the office of the Director of Public Prosecutions toact on its behalf in any proceedings in the High Court undersection 35A of the Act. 7. (1) Where an amount of money payable or remaining to bepaid under an external confiscation order or an external forfeitureorder registered in the High Court under section 35A of the Act isexpressed in a currency other than that of Trinidad and Tobago, forthe purpose of any action taken in relation to that order under the Actas applied under paragraph 3(2) the amount shall be converted intothe currency of Trinidad and Tobago on the basis of the exchangerate prevailing on the date of registration of the order. (2) Where at the date of enforcement the amount asexpressed in Trinidad and Tobago currency would not besufficient to recover the amount payable under the externalconfiscation order or external forfeiture order due to any changein the value of Trinidad and Tobago currency the amount of theorder as expressed in Trinidad and Tobago currency shall bevaried at the date of enforcement to take account of that change. (3) For the purposes of this paragraph a writtencertificate purporting to be signed by any person acting in hiscapacity as an officer of any bank in Trinidad and Tobago andstating the exchange rate prevailing on a specified date shall beadmissible as evidence of the facts so stated.

SCHEDULE

UNOFFICIAL VERSION



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